Karnataka High Court
Sri D A Chandrashekarayya vs Deputy Commissioner Of Police on 15 February, 2022
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.869 OF 2022 (GM-POLICE)
BETWEEN:
SRI. D.A. CHANDRASHEKARAYYA,
S/O LATE D T APPANNA,
AGED ABOUT 71 YEARS,
R/AT NO.9-10, 6TH CROSS,
OPP SHANIMAHATHMA TEMPLE,
DEVASANDRA, K R PURAM,
BENGALURU - 560 036.
...PETITIONER
(BY SRI. L M CHIDANANDAYYA, ADVOCATE)
AND:
1. DEPUTY COMMISSIONER OF POLICE,
WHITEFIELD MAIN ROAD,
VINAYAKA LAYOUT,
BENGALURU - 560 066.
2. ASSISTANT COMMISSIONER OF POLICE,
WHITEFIELD SUB DIVISION,
WHITEFIELD MAIN ROAD,
BESIDE SINGAYYANAPALYA BUS STAND,
BENGALURU - 560 066.
3. INSPECTOR OF POLICE,
NEW POLICE STATION ROAD,
KRISHNARAJAPURA,
BENGALURU - 560 036.
4. SRI. C BIDARALAPPA,
S/O SRI. CHIKKAPPAIAH,
AGED ABOUT 53 YEARS,
KANAKA VINAYAKA II CROSS,
SHANTHI LAYOUT,
RAMAMURTHY NAGAR,
BENGALURU - 560 016.
5. SRI. C NARAYANAPPA,
S/O SRI. CHIKKAAPPAIAH,
AGED ABOUT 54 YEARS,
2
KANAKA VINAYAKA II CROSS,
SHANTHI LAYOUT,
RAMAMURTHY NAGAR,
BENGALURU - 560 016.
6. SRI. C. MUNIYAPPA,
S/O SRI. CHIKKAAPPAIAH,
MAJOR IN AGE,
KANAKA VINAYAKA II CROSS,
SHANTHI LAYOUT,
RAMAMURTHY NAGAR,
BENGALURU - 560 016.
7. SRI.C.ANJANAPPA,
S/O SRI. CHIKKAAPPAIAH,
AGED ABOUT 58 YEARS,
KANAKA VINAYAKA II CROSS,
SHANTHI LAYOUT,
RAMAMURTHY NAGAR,
BENGALURU - 560 016.
8. SRI. BHARATH KUMAR,
S/O NARAYANAPPA,
AGED ABOUT 30 YEARS,
R/AT NO.42, 4TH CROSS,
AKSHAYANAGAR, KOWDENAHALLI,
RAMAMURTHY NAGAR,
BENGALURU - 560 016.
... RESPONDENTS
(BY SRI.VINOD KUMAR M, AGA FOR R1 TO R3;
NOTICE TO R4 TO R8 IS D/W V.C.O DATED 15/02/2022)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR RECORDS WHICH ULTIMATELY RESULTED IN PASSING
ENDORSEMENT ANNEXURE-A DATED 23.04.2021 ISSUED BY
THE R3 AND QUASH THE ENDORSEMENT DATED 23.04.2021
VIDE ANNEXURE-A ISSUED BY THE R3 AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY THROUGH PHYSICAL HEARING, THE
COURT MADE THE FOLLOWING:-
3
ORDER
Petitioner, regardless of the lengthy pleadings and
the prayer is seeking a direction to the police to afford
protection in terms of Judgment & Decree dated
15.02.2020 rendered in his Civil Suit in
O.S.No.25495/2019.
2. Learned AGA on request having accepted notice
for the respondent nos. 1 to 3 and notice to others having
been dispensed with, opposes the writ petition contending
that for execution of the decree sufficient provisions have
been enacted in the CPC, 1908 and they are made more
vigorous in 1976 Amendment; the said resource reports
could have been tapped by petitioner and instead he is
zunjustifiably complaining before the Writ Court. This
Court is broadly in agreement with the submission of
learned AGA, no special case having been made out for
interference of Writ Court.
In the above circumstances, this writ petition is
disposed off reserving liberty to the petitioner to explore
alternate remedies under the provisions of CPC .
No costs.
Sd/-
JUDGE
Bsv
