A writ petition seeking quashing of a police endorsement refusing to register the petitioner's complaint on grounds that the dispute was civil in nature was dismissed as not maintainable, since the underlying suit had been disposed of and attained finality before the Supreme Court.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 65906 OF 2016 (GM-POLICE)
BETWEEN:
SRI. B.V. OMPRAKASH, S/O LATE VENKATESHAIAH, AGED ABOUT 49 YEARS, NO. 68, 3RD CROSS ROAD, RADHAKRISHNA LAYOUT 2ND STAGE, PADMANABHANAGAR, BANGALORE - 560 070.
…PETITIONER
(COURT NOTICE ISSUED TO THE PETITIONER ON 14.09.2022, SAME IS SERVED AND UNREPRESENTED)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
INFANTRY ROAD, BANGALORE - 560 001.
…RESPONDENTS
(BY SRI. MANJUNATH K, HCGP FOR R1 TO R3)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 21.1.2016 BANSHANKARI POLICE STATION BANGALORE PRODUCED AT ANNEXURE-N AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The complaint filed by the petitioner was not entertained by the respondent-police, stating that the dispute between the parties is pure civil in nature and called upon the petitioner to approach the jurisdictional civil court for redress of their grievances. Learned counsel for the impleading applicant submits that the suit between the parties has been disposed of and has attained finality
NC: 2024:KHC:24514 WP No. 65906 of 2016
before the Hon'ble Supreme Court. Therefore, the relief
sought in this writ petition cannot be entertained.
Accordingly, the writ petition is dismissed as not maintainable.
Pending interlocutory applications, if any, does not
survive for consideration.
Sd/JUDGE
HDK List No.: 2 Sl No.: 7 CT: BHK
1 issue framed by the court
Should the endorsement declining to entertain the complaint as a civil dispute be quashed?
1 provisions across 1 enactments
Sri. B.V. Omprakash
The Principal Secretary, Home Department, Government of Karnataka
The Director General and Inspector General of Police, Karnataka State
The Commissioner of Police, Bangalore City
The Deputy Commissioner of Police South, Bangalore City
The Police Inspector, Banashankari Police Station
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
