Disposed¶33

Shri H R Umesh S/O Virupakshappa v. the State of Karnataka

Karnataka HC28 Jan 2025WP/100389/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Dharwad Bench; WP No.100389 of 2025 (GM-POLICE); mandamus for registration of FIR on complaints dated 10/8/2024 and 8/11/2024; non-registration of complaint by Police Inspector, Cowl Bazar Police Station, Ballari; Crime No.21/2025 registered during pendency after Court direction to AGA; direction that investigation be conducted in accordance with law; prayer for disciplinary proceedings under Police Act; Articles 226 and 227; M. Nagaprasanna, J.; decided 28 January 2025.

What did the court decide?

Crime registered as Crime No.21/2025 pursuant to the Court's direction securing instructions from the State; Court observed that the Investigating Officer would conduct all investigation in accordance with law and ordered accordingly. ¶33

Shri H R Umesh S/O Virupakshappa Vs the State of… — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC-D:1629 WP No. 100389 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 28^TH DAY OF JANUARY, 2025

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BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

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WRIT PETITION NO.100389 OF 2025 (GM-POLICE)

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BETWEEN:

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SHRI H. R. UMESH S/O. VIRUPAKSHAPPA, AGE: 54 YEARS, OCC: BUSINESS, R/O: WARD NO 36, ASHAKPURA, AVAMBHAVI, BALLARI, PIN – 583 101.

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…PETITIONER

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(BY SRI M. L. VANTI, ADVOCATE)

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AND:

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VISHAL NINGAPPA PATTIHAL

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Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.29 10:53:47 +0530

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THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY HOME DEPARTMENT, VIDHANASOUDHA, BANGALORE – 560 001.

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DIRECTOR GENERAL OF POLICE OPPOSITE MARTHAS HOSPITAL, NRUPATHUNGA ROAD, CITY BANGALORE, PIN CODE – 560 001.

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IGP BALLARI RANGE, ADGP L AND ORDER, BALLARI – 503 101.

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THE SUPERINTENDENT OF POLICE BALLARI, BALLARI DISTRICT, PIN - 583 101.

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MR. SUBHAS CHANDRA, POLICE INSPECTOR, COWL BAZAR POLICE STATION, BALLARI, PIN 583 101.

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…RESPONDENTS

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(BY SRI SHARAD V. MAGADUM, AGA)

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2 - NC: 2025:KHC-D:1629 WP No. 100389 of 2025

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT, DIRECTION, OR ORDER IN THE NATURE OF MANDAMUS TO THE 5^TH RESPONDENT TO REGISTER FIR AGAINST SHRI M.S.NAYANAKUMAR S/O. M.A.SUBBAYA AND HIS COMPANIONS AND INVESTIGATE/INQUIRE UPON THE PETITIONERS COMPLAINT DATED 10/8/2024 AND 8/11/2024 VIDE ANNEXURE - D AND E IN THE INTEREST OF JUSTICE AND EQUITY. OR ISSUE A WRIT, DIRECTION OR ORDER IN THE NATURE OF MANDAMUS TO THE 4^TH RESPONDENT TO INVESTIGATE/INQUIRE ON THE PETITIONER’S COMPLAINT BY HIMSELF OR BY DIRECTING SUBORDINATE OFFICIAL IN THE INTEREST OF JUSTICE AND EQUITY. ISSUE A WRIT, DIRECTION, OR ORDER IN THE NATURE OF MANDAMUS TO THE RESPONDENTS NO.2 TO 4 WHO ARE THE COMPETENT AUTHORITY UNDER THE POLICE ACT, TO INITIATE NECESSARY DISCIPLINARY PROCEEDINGS AGAINST THE 5^TH RESPONDENT FOR DERELICTION OF DUTY AND NEGLIGENCE TO EXERCISE THE POWER AGAINST THE ACCUSED IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

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The petitioner is before this Court seeking a

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direction by issuance of writ in the nature of mandamus to enquire into the complaint so registered by him.

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Learned AGA was directed to secure instructions

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as to why the complaint was not registered. Pursuant to the said direction, the State has registered the crime in Crime No.21/2025.

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3 - NC: 2025:KHC-D:1629 WP No. 100389 of 2025

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Learned counsel submits that the apprehension

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is that they would investigate into the matter properly. It is needless to observe that the Investigating Officer would conduct all investigation in accordance with law.

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Ordered accordingly.

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Sd/(M.NAGAPRASANNA)

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JUDGE

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VNP/CT-ASC List No.: 1 Sl No.: 44

Shri H R Umesh S/O Virupakshappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shri H R Umesh S/O Virupakshappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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