IN THE HIGH COURT OF KARNATAKA AT BENGALURU
B.M. SHYAM PRASAD, J.
Megharaj, s/o. Shekarappa – Appellant
Versus
The State Of Karnataka – Respondent
WRIT PETITION NO. 18606 OF 2025 (GM-POLICE) C/W WRIT PETITION NO. 12794 OF 2025 (GM-POLICE), WRIT PETITION NO. 15031 OF 2025 (GM-POLICE), WRIT PETITION NO. 17401 OF 2025 (GM-POLICE), WRIT PETITION NO. 18194 OF 2025 (GM-POLICE)
Decided on : 13-08-2025
| Table of Content |
|---|
| 1. whether police should act on injunction orders. (Para 1) |
| 2. duty of police when court orders are presented. (Para 2) |
| 3. need for application to civil court for injunction compliance. (Para 3) |
| 4. remedy under cpc for permanent injunction decree. (Para 4) |
ORDER :
B.M. SHYAM PRASAD, J.
The short question that is presented for consideration in this set of petitions is: whether this Court must direct the concerned Police to take action in the light of the injunction order/decree. It is undisputed that the petition in W.P. No.15031/2025 is rendered infructuous because during the pendency of this petition, the concerned has filed application for injunction order before the concerned civil Court which is considered by the civil Court. Further, it is placed on record that no application is filed for implementation of the injunction order either in W.P. No.18606/2025 or W.P. 12794/2025 or W.P. No. 17401/2025.
2. The learned counsels for the petitioners rely upon Clause-10 of the Circular dated 14.11.2018 issued by the Director General and Inspector General of Police, Karnataka, which reads as follows:
| When a person produces orders issued by the court | No Station House Officer should insist on specific court direction to give police protection. If the court orders can be implemented, they should be implemented scrupulously. If the court orders cannot be implemented on the ground due to any reason, opinion of the Asst. director of Prosecutions/Dy. Director of Prosecutions/Legal Advisor attached to the office of the Commissioner of Police, should be obtained and according to the opinion, action should be taken. If the order cannot be implemented on the ground due to any reason, a report should be sent to the concerned court for consideration and further orders. |
3. This Court is of the considered view that if the civil Court has granted temporary injunction and if there is any reason to complain that the order has not been obeyed or certain implementation is required, the concerned must necessarily move an application before the civil Court which will have to consider all the circumstances before issuing direction to the police for ensuring due compliance with the injunction order or for implementation if necessary and unless such application is considered and orders are passed, the petitioners cannot invoke the aforesaid clause. The recourse to the procedure as mentioned in the clause in the afore Circular must be when there is a specific direction or there is difficulty in implementing such direction.
4. Insofar as the petitioners in W.P. No. 18194/2025 it is undisputed that there is a decree for permanent injunction, and in that event the petitioners must necessarily avail remedy under Order XXI of the Code of Civil Procedure, 1908 [CPC].
In the light of the afore, the following:
ORDER
[a] The petitions in W.P. No. 18606/2025, W.P. No. 12794/2025 and W.P. No. 17401/2025 stand disposed of with liberty to approach the concerned civil Court in the pending civil suits for necessary directions to the Police leaving all questions open to be considered in such proceedings.
[b] The writ petition in W.P.No. 18194/2025 stands disposed of with liberty to avail recourse under Order XXI of CPC.
Court requires petitioners to seek civil Court direction for enforcement of injunction orders before involving Police, ensuring adherence to procedural norms.
A court can provide police protection to enforce a temporary injunction in cases of documented violations, emphasizing the judicial duty to uphold such orders.
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