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WP No. 102774 of 2022

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 2^ND DAY OF SEPTEMBER, 2022

BEFORE

THE HON'BLE MS. JUSTICE J.M.KHAZI

WRIT PETITION NO. 102774 OF 2022 (GM-RES)

BETWEEN:

SMT. VIDYA W/O. ASHATOSH VAHI,

AGE: 36 YEARS, OCC: HOUSE WIFE,

ARAVIND NAGAR, OLD HUBBALLI,

DHARWAD- DISTRICT.

&PETITIONER

(BY SRI. A. R. PATIL., ADVOCATE AND

SRI. S. G. KADADAKATTI., ADVOCATE)

AND:

1.

SMT. KUSUM W/O. SATTYA NARAYAN VAHI,

AGE: 65 YEARS, OCC: RETIRED,

R/O C- 19/77. 3K LALLAPUR KHURAD THANA

SHIGARA KASHI VIDYAPETH, NEAR GET NO. 2

VARANASHI-221001. U.P,

UTTAR PREDESH STATE.

2.

SMT. ARATHI D/O. SATTYA NARAYAN VAHI,

AGE: 32 YEARS, OCC: PRIVATE SERVICE,

R/O C- 19/77. 3K LALLAPUR KHURAD THANA

SHIGARA KASHI VIDYAPETH, NEAR GET NO. 2

VARANASHI-221001. U.P,

UTTAR PREDESH STATE.

3.

SMT. POOJA W/O. SATISH YADAV,

AGE: 39 YEARS, OCC: DOCTOR,

R/O: VIGGANA VINAYAK APARTMENT,

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WP No. 102774 of 2022

R.NO.311. VIJAYANAGAR,

NALASUPARA EAST.

THANE MUMBAI-401-209.

MAHARASHTRA-STATE.

4. SRI. GIRISH KHANNA S/O. TULSIRAM KHANNA,

AGE:68 YEARS, OCC: BUSINESS,

R/O. K-18/1, RAJ MANDIR,

POST VISHWESHWAR GANJ,

VARANASHI-221 001,

U. P., UTTAR PRADESH- STATE.

5.

SMT. NAYANTHARA ARORA

W/O. SOHANLAL ARORA,

AGE: 72 YEARS, OCC: HOUSE WIFE,

R/O KOSHLESH NAGAR, NARIYA

VARANASHI-221001. U.P.

UTTAR PRADESH-STATE.

6.

THE STATE OF KARNATAKA

R/BY ADDL. S.P.P.

HIGH COURT OF KARNATAKA DHARWAD BENCH.

MAHILA POLICE STATION HUBBALLI.

&RESPONDENTS

(BY SRI. GIRIJA S. HIRREMATH., HCGP FOR R6)

(NOTICE TO R1 TO R5 IS DISPENSED WITH)

THIS WRIT PETITION UNDER ARTICLE 226 AND 227 OF THE

CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE

NATURE OF MANDAMUS OR ANY OTHER WRIT DIRECTION TO THE

II JMFC COURT HUBBALLI TO ISSUE SHOW CAUSE NOTICE TO

THE DISTRICT MAGISTRATE, VARANASI, UTTAR PRADESH;

EXECUTE

THE

ATTACHMENT

WARRANT

AGAINST

THE

RESPONDENT'S PROPERTY BY EXECUTING THE WARRANT ISSUED

BY THE II JMFC COURT HUBBALLI.

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WP No. 102774 of 2022

THIS PETITION COMING ON FOR PRELIMINARY HEARING,

THIS DAY, COURT MADE THE FOLLOWING:

ORDER

Petitioner, who is complainant in C.C.No.1755/2016

on the file of the II-JMFC, Hubli, is seeking writ of

mandamus to direct the said Court to issue show cause

notice to the District Magistrate, Varanasi, Uttar Pradesh

as to why the attachment warrant of respondent9s

property is not executed.

2.

It is the case of the petitioner that she filed a

complaint

against

respondents

alleging

offences

punishable under sections 143, 144, 145, 147, 148, 323,

498-A, 504, 506 read with section 149 IPC and section 3

and 4 of the D.P. Act. It was referred to the jurisdictional

police for investigation and after investigation, charge

sheet came to be filed against them in C.C.No.1755/2016.

However, in collusion with the accused persons, the police

are not executing the warrant. Consequently the trial

Court has cancelled the bail and forfeited the bail bonds

and surety bonds. It has also issued proclamation against

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WP No. 102774 of 2022

the accused. Even after issue of proclamation, when the

accused failed to appear, the Trial Court has also issued

attachment warrant. Even though the District Magistrate

Varanasi, Uttar Pradesh, has received the attachment

warrant, he has not taken any steps to execute the same.

Therefore, complainant requested the trail Court to issue

show cause notice to the District Magistrate as to why the

order of the Court is not executed. However the Trial Court

is hesitating to issue the show cause notice, as a result of

which, there is no pro