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WP No. 115362 of 2019

IN THE HIGH COURT OF KARNATAKA,

DHARWAD BENCH

DATED THIS THE 10^TH DAY OF JUNE, 2022

BEFORE

THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 115362 OF 2019 (GM-POLICE)

BETWEEN:

SHRI. SUPRIT ISHWAR DIVATE

AGE: 30 YEARS, OCC: AGRICULTURE

R/O:H.NO.359, YADUR,

TQ: CHIKODI

DIST: BELAGAVI-591109.

...PETITIONER

(BY SRI. SANTOSH P. PUJARI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

REPRESENTED BY ITS

PRINCIPAL SECRETARY

DEPARTMENT OF HOME AFFAIRS

VIDHANA SOUDHA, BENGALURU-560001

2. THE SUPERINTENDENT OF POLICE

BELAGAVI, SUBHASH NAGAR

BELAGAVI-590016.

3. THE POLICE SUB INSPECTOR

ANKALI POLICE STATION

TQ: CHIKODI,

DIST: BELAGAVI-591109.

4. THE POLICE SUB INSPECTOR

CHIKODI POLICE STATION,

TQ: CHIKODI,

DIST: BELAGAVI-591201.

… RESPONDENTS

(BY SRI. PRAVEEN K. UPPAR, HCGP)

®

Digitally signed

by POORNIMA

SHIVANNA

Location: HIGH

COURT OF

KARNATAKA

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WP No. 115362 of 2019

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227

OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN

THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR DIRECTIONS

DIRECTING

THE

RESPONDENTS

TO

GRANT/SANCTION

COMPENSATION OF RS.25,00,000/- (RUPEES TWENTY FIVE LAKHS

ONLY), FOR THE LOSS OF REPUTATION, ILLEGAL DETENTION AND

ILLEGAL HANDCUFFING OF THE PETITIONER, EVEN PRIOR TO THE

PETITIONER BEEN PROVED GUILTY IN A EXCLUSIVELY BAILABLE

OFFENCE UNDER THE PROVISION OF NEGOTIABLE INSTRUMENT

ACT, 1881 AND ETC.

THIS WRIT PETITION COMING ON FOR ORDERS AND HAVING

BEEN RESERVED FOR ORDERS ON 19.4.2022, THIS DAY, THE COURT

THROUGH VIDEO CONFERENCE PRONOUNCED THE FOLLOWING:

ORDER

1.

The petitioner is before this Court seeking for the

following reliefs:

a.

Issue a writ in the nature of mandamus or any

other writ or directions directing the Respondents

to grant/sanction compensation of Rs.25,00,000/-

(Rupees Twenty Five Lakhs only), for the loss of

reputation,

illegal

detention

and

illegal

handcuffing of the petitioner, even prior to the

Petitioner been proved guilty in a exclusively

bailable offence under the provision of Negotiable

Instrument Act, 1881;

b.

Issue a writ in the nature of mandamus or any

other writ or directions directing the Respondents,

to ensure that the laws, rules, regulations,

circulars, notifications etc., that have been issued

by the Central Government Agencies & the State

Government Agencies & the directions of the

Hon’ble Apex Court & this Hon’ble Court are

abided, prior to arresting the petitioner or calling

the petitioner to the Police Station on the pretext

of enquiry etc.

c.

Pass such other order or orders as the Hon’ble

Court may deem fit in the facts and circumstances

of the case.

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WP No. 115362 of 2019

2.

The petitioner claims to be a law student studying in

Shikshan Parasrak Mandal’s Law College, at Raibag.

Certain disputes arose between the petitioner and

one Babu Annappa @ Annu Gurav in respect of a

mortgage deed executed in respect of agricultural

lands belonging to the petitioner. Pursuant thereto,

five criminal cases were filed against the petitioner

for offences under Section 138 of Negotiable

Instruments Act, 1881 on account of dishonour of

cheques issued in pursuance of the said mortgage.

As regards the said dishonor of cheques, Babu

Annappa

filed

five

criminal

proceedings

viz.,

C.C.Nos.531 to 535/2019 before II Additional Civil

Judge and JMFC., Chikodi at Chikodi.

3.

The petitioner was arrested in C.C.No.533/2019 in

furtherance of non-bailable warrant issued by the II

Additional Civil Judge and JMFC., Chikodi vide order

dated 10.04.2019 by the Respondent No.3-Police

Sub-Inspector, Ankali Police Station between 1.00

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WP No. 115362 of 2019

p.m. to 1.30 p.m., in the Market Place at Ankali,

when the petitioner is stated to have been returning

from his College after writing his internal exams.

4.

The petitioner claims that the petitioner was

handcuffed and paraded wi