Mr.K.Prasad vs The State Of Karnataka
2023 Latest Caselaw 6970 Kant

                                                -1-
                                                             NC: 2023:KHC:35792
                                                            WP No. 7749 of 2023




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 4TH DAY OF OCTOBER, 2023

                                             BEFORE
                               THE HON'BLE MR JUSTICE R DEVDAS

                           WRIT PETITION NO. 7749 OF 2023 (GM-RES)

                      BETWEEN:

                      MR.K.PRASAD
                      S/O. LATE RAMANJANEYALU,
                      AGED 60 YEARS,
                      RESIDING AT NO 25, 4TH CROSS,
                      9TH MAIN ROAD, JAYANAGAR,
                      BENGALURU - 560011.
                                                                   ...PETITIONER
                      (BY SRI. RANGARAMU V., ADVOCATE)

                      AND:

                      1.   THE STATE OF KARNATAKA
                           REP BY SECRETARIATARY OF
                           THE HOME DEPARTMENT,
Digitally signed by
DHARMALINGAM               VIDHANA SOUDHA,
Location: HIGH             BENGALURU - 560001.
COURT OF
KARNATAKA

                      2.   COMMISSIONER OF POLICE,
                           BENGALURU CITY, INFANTRY ROAD,
                           NEAR RAJABHAVAN, BENGALURU
                           KARNATAKA - 560001.

                      3.   DEPUTY COMMISSIONER OF POLICE
                           BENGALURU SOUTH DIVISION
                           JAYANAGARA SOUTH END CIRCLE,
                           OLD SHANTI THEATRE ROAD,
                           KARNATAKA - 560070
                           -2-
                                     NC: 2023:KHC:35792
                                    WP No. 7749 of 2023




4.   ASSISTANT COMMISISONER OF POLICE
     BENGALURU SOUTH,
     NEAR CANARA BANK SOUTH END ROAD,
     JAYANAGARA, BENGALURU
     KARNATAKA - 560070

5.   THE CIRCLE INSPECTOR
     JAYANAGAR POLICE STATION,
     JAYANAGAR, BENGALURU
     KARNATAKA - 560011

6.   THE CIRCLE INSPECTOR,
     BANASHANKARI POLICE STATION,
     BANASHANKARI,
     BENGALURU KARNATAKA - 560070
                                        ...RESPONDENTS
(BY SMT. NAVYA SHEKHAR, AGA)


      THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE
RESPONDENTS NO.1 TO 6 NOT TO VERIFY AND SCRUTINIZE
THE PROPERTY DOCUMENTS OF THE SCHEDULE PROPERTY
AND ALSO NOT TO THREATENING THE PETITIONER AND HIS
FAMILY MEMBERS TO KEEP BEHIND BAR ON BASIS OF
ALLEGED FALSE POLICE COMPLAINT DATED 06-10-2020, THE
COPY AT ANNEXURE-A AND ETC.


      THIS WRIT PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
                                 -3-
                                              NC: 2023:KHC:35792
                                          WP No. 7749 of 2023




                           ORDER

R.DEVDAS J., (ORAL):

Office objections are overruled. Learned Additional

Government Advocate takes notice for all the respondents.

2. Though the matter is listed for "compliance of

office objections", with the consent of the learned counsel

for the petitioner and learned Additional Government

Advocate who appears for respondents, the matter is

taken up for final disposal.

3. Learned counsel for the petitioner submits that

respondent No.6-Police have been harassing the petitioner

calling upon him to produce the General Power of Attorney

dated 16.10.2021, inspite of the fact that the concerned

parties are already before the civil court in

O.S.No.5384/2021. Learned counsel would further submit

that a Circular dated 22.05.2013 has been issued by the

Director General and Inspectoral General of Police, State

of Karnataka, directing the police officers in the State

having regard to a judgment of this Court in the case of

NC: 2023:KHC:35792 WP No. 7749 of 2023

Sri.T.Narayana Swamy Vs. The State of Karnataka

and others, in W.P.No.1658/2021, dated 06.01.2018 that

if the dispute is of a civil nature, the police should not

interfere in such matters and should not call the parties to

the Police Station to produce any documents relating to

the civil dispute.

4. Learned Additional Government Advocate would

submit on instructions that the respondent-police have

issued notice to the petitioner in terms of Section 91 of

Code of Criminal Procedure, 1973, calling upon the

petitioner to tender the original General Power of Attorney

dated 16.10.2021, since there is an allegation that the

signature contained therein is a forged signature and same

is require to be sent for experts examination and opinion.

5. In the considered opinion of this Court, the civil

court would have ample power to send the document for

verification and experts opinion. Therefore, since the rival

claimants are already been before the Civil Court in

O.S.No.5384/2021, there is no need for respondent-Police

NC: 2023:KHC:35792 WP No. 7749 of 2023

to call upon the petitioner to tender the original General

Power of Attorney or any other documents for that matter.

6. Consequently, the writ petition is disposed of

while specifically directing the respondent-Police not to call

upon the petitioner or issue any notice calling upon the

petitioner to appear in person in the Police Station or to

tender any document. An endorsement in that regard

may be issued to the complainant that since the matter is

of the civil nature and the parties are already before the

civil court, necessary application may be made before the

civil court itself to secure the General Power of Attorney or

any other document which is said to be in the custody of

the petitioner.

Ordered accordingly.

Sd/-

JUDGE

DL CT: JL