IN THE HIGH COURT OF KARNATAKA,AT DHARWAD

DATED THIS THE 1^ST DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

WRIT PETITION NO. 102566 OF 2025 (GM-POLICE)

BETWEEN:

ABUBAKARSIDDIK S/O. NOORAHMED VEERAPUR,

AGE. 25 YEARS, OCC. BUSINESS, 4^TH CROSS, NEW GANDHI NAGAR,

BELAGAVI – 01.

…PETITIONER

(BY SRI. A. D. NADAF, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,

REP. BY THE SECRETARY,

DR. B R AMBEDKAR VEEDHI,

BANGALORE – 560 001.

2. THE CIRCLE POLICE INSPECTOR,

BELAGAVI MALMARUTI POLICE STATION,

BELAGAVI 590 001.

3. THE DEPUTY COMMISSIONER OF POLICE

LAW AND ORDER,

BEHIND LINGRAJ COLLEGE,

Digitally signed by

BELAGAVI – 590 001.

VISHAL NINGAPPA

PATTIHAL

Location: High

Court of Karnataka, 4. INSPECTOR GENERAL OF POLICE NORTHERN RANGE,

Dharwad Bench,

SUBHASH NAGAR, BELAGAVI – 01.

Dharwad

…RESPONDENTS

(BY SRI. T. HANUMAREDDY, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227

OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT DIRECTING THE 4^TH RESPONDENT TO INITIATE THE DEPARTMENTAL ENQUIRY/ACTION AGAINST THE 2^ND RESPONDENT FOR DELIBERATELY DERAILING FROM DISCHARGE OF OFFICIAL DUTY. B. A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT DIRECTING THE 2^ND AND 3^RD

RESPONDENT TO TAKE APPROPRIATE ACTION AGAINST THE ACCUSED PERSONS AS APPENDED IN ANNEXURE-A AND B AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

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

1. Heard learned counsel for the petitioner and the learned AGA appearing for the respondent-State.

2. The petitioner and his family members were attacked by certain persons who are named in the complaint at around 10.00 p.m. on 06.02.2025. The petitioner and his family members took treatment in the hospital and then approached the jurisdictional police to register a complaint. The said complaint is not registered. Therefore the petitioner and his family members were constrained to register a complaint by submitting it through the post. The complaint even then was not registered. Therefore the petitioner had to approach the higher authorities for registration of the complaint. Even then it was not registered. Therefore the petitioner is before this Court seeking the following prayer:

A. A Writ of Mandamus or any other appropriate writ directing the 4^th respondent to initiate the departmental enquiry/action against the 2^nd respondent for deliberately derailing from discharge of official duty.

B. A writ of mandamus or any other appropriate writ directing the 2^nd and 3^rd respondent to take appropriate action against the accused persons as appended in Annexure-A and B.

C. Grant such other relief as this Hon’ble High Court deems fit under the circumstances in the interest of justice.

3. The learned AGA submits that the crime is registered on 30.06.2025. It is understandable as to when the incident takes place on 06.02.2025, the petitioner seek to complain on 06.02.2025 and that the complaint is not received and even after the complaint being received by way of post, which the petitioner and his family members were constrained to do, the police have not registered the crime. The crime is registered 4 months after the incident, all for the folly of the police. Later, when the matter would be taken up before the concerned Courts, what would be projected by the accused is delay in registering the crime. Therefore, the proceedings should be interfered with at the hands of the concerned Court in the appropriate jurisdiction. It could be a jurisdiction under Section 482 of Cr.P.C. or otherwise, where grant for interim order of stay is made out by the State due to its dereliction of duty in not registering the crime. Therefore, it becomes necessary to direct the respondent No.4 to enquire into why the Station House Officer of Belagavi Malmaruti Police Station, Belagavi has not registered the crime immediately on 06.02.2025 when the complaint projected cognisable offences against the accused therein. The petitioner and his family me