Disposed

Chaitra Priya a., v. the Commissioner of Police

Karnataka HC4 Mar 2024WP/2972/2024

Case brief

AI extract

What is this about?

Petitioner sought quashing of a police endorsement refusing to register an FIR based on her written complaint. The court quashed the endorsement and directed the jurisdictional police to re-examine the complaint in consonance with the Lalita Kumari judgment, particularly paragraph 120.6.

What did the court decide?

Endorsement No.118 & 128/GNL/JNR/2023 dated 30.11.2023 quashed; police directed to relook at complaint per Lalita Kumari judgment.

Chaitra Priya a., Vs the Commissioner of Police — Quashing and FIR | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:9125 WP No. 2972 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF MARCH, 2024 BEFORE

¶4

THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO.2972 OF 2024 (GM-POLICE)

¶5

BETWEEN:

¶6

CHAITRA PRIYA A., D/O SRI APPAJAIAH A.G. AGED ABOUT 44 YEARS FLAT G - 1, NO 232/10 M K SAROVARA BUILDING, 22^ND CROSS, 6^TH BLOCK, JAYANAGAR, BANGALORE – 560 070

¶7

…PETITIONER

¶8

(BY SMT. KUSUMA RANGANATH ADVOCATE FOR)

¶9

AND:

¶10

THE COMMISSIONER OF POLICE, NO 01, INFANTRY ROAD, BANGALORE - 560 001

¶11

Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

¶12

THE POLICE INSPECTOR JAYANAGAR POLICE STATION, 30^TH CROSS ROAD, JAYANAGARA, BANGALORE -560 011

¶13

…RESPONDENTS

¶14

(BY SRI. K.P. YOGANNA, AGA)

¶15

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ENDORSEMENT BEARING NO.118 AND 128/GNL/JNR/2023 DTD 30.11.2023, ISSUED BY THE R2 ANNEXURE-A ISSUE DIRECTION TO THE RESPONDENTS TO CONSIDER AND ACT ON THE WRITTEN COMPLAINT DTD 21.07.2023 SUBMITTED BY THE PETITIONER ANNEXURE-Q AND CONSEQUENTLY REGISTER THE FIRST INFORMATION REPORT BASED ON THE SAME.

¶16

¶17

NC: 2024:KHC:9125 WP No. 2972 of 2024

¶18

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

¶19

ORDER

¶20

The petitioner is before this Court seeking the

¶21

following reliefs:

¶22

(i) Issue a writ, order or direction, more in the nature of writ of certiorari, quashing the Endorsement bearing No.118 & 128/GNL/JNR/2023 dated 30.11.2023, issued by the 2^nd Respondent (Annexure-A) ;

¶23

(ii) Issue a writ, order or direction, more in the nature of writ of mandamus to the Respondents to consider and act on the Written Complaint dated 21.07.2023 submitted by the Petitioner (Annexure-Q) and consequently register the First Information Report based on the same;

¶24

(iii) Pass such other order(s) as may be deemed proper and expedient in the circumstances of the case.”

¶25

Heard Smt. Kusum Ranganath, learned counsel

¶26

appearing for petitioner and Sri.K.P.Yoganna, learned Additional Government Advocate for respondents.

¶27

The learned counsel for the petitioner taking

¶28

this Court to the complaint would seek to demonstrate that there are cognizable offences made out in the facts so

¶29

3 - NC: 2024:KHC:9125 WP No. 2972 of 2024

¶30

narrated in the complaint and the police have deliberately issued an Endorsement, which is impugned in the subject petition.

¶31

The learned Additional Government Advocate

¶32

would submit that the issue is pending before the Consumer Forum therefore, no crime is registered against the parties who have the dispute with regard to certain apartments.

¶33

The endorsement though would deem

¶34

acceptable in the first blush, but on a deeper delving on the complaint that is made before the jurisdictional police, the police ought to have taken note of the judgment of the

¶35

Apex Court in the case of LALITA KUMARI v. GOVERNMENT OF UTTAR PRADESH & ORS.¹ and then

¶36

take necessary action. Therefore, I deem it appropriate to set aside the Endorsement and direct the respondent/police to act strictly in consonance with the judgment of Apex Court and the postulates laid down

¶37

1 (2014) 2 SCC 1

¶38

¶39

NC: 2024:KHC:9125 WP No. 2972 of 2024

¶40

therein in LALITA KUMARI’s case (supra), particular

¶41

reference to paragraph 120.6 therein.

¶42

For the aforesaid reasons, the following:

¶43

ORDER

¶44

(i) The writ petition is disposed of .

¶45

(ii) The Endorsement bearing No.118 & 128/GNL/JNR/2023 dated 30.11.2023 issued by the second respondent (Annexure-A) is quashed.

¶46

(iii) The jurisdictional police/Station House Officer is directed to have a relook at the complaint strictly in consonance with judgment of Apex Court in LALITHA KUMARI’s case (supra).

¶47

Sd/JUDGE

¶48

DR List No.: 1 Sl No.: 23

Chaitra Priya a., v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

Chaitra Priya a., v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri.H.L. Raghunath Vs the Union of India by Its Secretary

Smt. Hemalatha Vs M/S. Canara Bank

M. Thangavelu Vs Karnataka State Financial Corporation

Sri Lokesh R Vs the State of Karnataka by

Mr. Thejo Kumar. E Vs Moneyline Credit Limited

M/S Puravankara Ltd. Vs State of Karnataka