Disposed¶42

Sri. Jayanth Kumar M H v. State of Karnataka

Karnataka HC14 Aug 2025WP/14156/2022

Case brief

AI extract

What is this about?

Karnataka HC, 2025 — mandamus for registration of FIR refused where a POCSO FIR (Crime No.166/2022, Konanakunte PS, dated 05.06.2022) was pending against the petitioner; interim stay prayer held a misconceived exercise; writ petition disposed with liberty to initiate appropriate proceedings. Relevant to: abuse of writ process to stall criminal investigation; Articles 226/227; police respondents; Bengaluru South division.

What did the court decide?

In the facts and circumstances of the case, where a POCSO case is pending investigation or trial against the writ petitioner, the writ petition seeking the prayers made therein — especially the interim prayer for stay of proceedings in the POCSO FIR — is a misconceived exercise. ¶40

Sri. Jayanth Kumar M H Vs State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2025)

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NC: 2025:KHC:32745 WP No. 14156 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MRS. JUSTICE ANU SIVARAMAN WRIT PETITION NO. 14156 OF 2022 (GM-POLICE)

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BETWEEN:

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SRI. JAYANTH KUMAR M.H. S/O LATE SRI. HOMBALE AGED ABOUT 43 YEARS No.33113, PRESTIGE FALCON CITY KONANAKUNTE CROSS BENGALURU 560 062 MOBILE No.9845912310

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…PETITIONER

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(BY SRI. NITHYANANDA MURTHY P., ADVOCATE)

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AND:

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Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka

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STATE OF KARNATAKA THROUGH COMMISSIONER OF POLICE OFFICE OF THE COMMISSIONER INFANTRY ROAD BENGALURU-560 001

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THE DEPUTY COMMISSIONER OF POLICE BENGALURU SOUTH DIVISION SOUTH END CIRCLE BENGALURU-560 011

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POLICE INSPECTOR (SHO) KONANAKUNTE POLICE STATION BENGALURU-560 062

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POLICE INSPECTOR (SHO) BASAVANAGUDI WOMEN POLICE STATION BENGALURU-560 070

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NC: 2025:KHC:32745 WP No. 14156 of 2022

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HC-KAR

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POLICE INSPECTOR (SHO) BANASHANKARI POLICE STATION BENGALURU-560 050

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SMT. YOGITHA W/O SRI. JAYANTH KUMAR M.H. AGED ABOUT 38 YEARS R/AT FLAT No.33113 PRESTIGE FALCON CITY KONANKUNTE CROSS KANAKAPURA MAIN ROAD BENGALURU-560 062 MOBILE No.9986698648 PRESENTLY R/AT No.45, NEAR RTO OFFICE SBM COLONY, B. KATIHALLI HASSAN-573 201

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…RESPONDENTS

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(BY SRI. SHWETA KRISHNAPPA, AGA FOR R1 TO R4; SRI. SUDARSHAN SURESH, ADVOCATE FOR R5)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (a) ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENT No.1 TO 5 FOR REGISTERING FIR ON THE COMPLAINT LODGED BY THE PETITIONER ON 02.06.2022 AND CARRY OUT FURTHER INVESTIGATION ANNEXURE-A AND ETC.

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THIS PETITION, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN

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3 - NC: 2025:KHC:32745 WP No. 14156 of 2022

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HC-KAR

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ORAL JUDGMENT

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This writ petition is filed seeking the following substantial

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relief:-

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A) Issue a Writ, Order or Direction in the nature of Mandamus to the Respondents 1 to 5 for registering FIR on the complaint lodged by the petitioner on 02.06.2022 and carry out further investigation at Annexure-A.

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However, it is very interesting to notice that the

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interim prayer sought for is a stay of the proceedings in FIR in Crime No.166/2022 dated 05.06.2022 registered by respondent No.3-Konanakunte Police. From the pleadings placed on record, it appears that there is an FIR registered against the petitioner alleging the POCSO Offence. The learned Additional Government Advocate submits that it is to stall the investigation in the above FIR that the present writ petition had been filed.

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Having considered the contentions advanced, this

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Court is of the opinion that in the facts and circumstances of the instant case where a POCSO case is pending investigation or trial as against the writ petitioner, the writ petition seeking

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NC: 2025:KHC:32745 WP No. 14156 of 2022

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HC-KAR

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prayers as made herein, especially, the interim prayer, is a misconceived exercise.

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In the above view of the matter, I am of the opinion that the prayers as sought for cannot be granted. Accordingly,

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the writ petition is disposed of . In case the petitioner has any further grievance in the matter, it is for him to initiate appropriate proceedings.

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Sd/(ANU SIVARAMAN) JUDGE

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RAK List No.: 1 Sl No.: 14

Sri. Jayanth Kumar M H v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. Jayanth Kumar M H v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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