Karnataka High Court
Sri V Sunil Kumar vs State Of Karnataka on 7 August, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:31607
WP No. 20449 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 20449 OF 2024 (GM-POLICE)
BETWEEN:
SRI V SUNIL KUMAR
S/O VASUDEV,
AGED ABOUT 49 YEARS,
MEMBER OF LEGISLATIVE ASSEMBLY,
KARKALA LEGISLATIVE CONSTITUENCY,
KARKALA TALUK, UDUPI DISTRICT-574 104.
RESIDING AT NEKLAGE GUTTU,
NEAR KALIKAMBA TEMPLE,
KARKALA KASABA, KARKALA TALUK,
UDUPI DISTRICT-574 104.
...PETITIONER
(BY SRI. VINOD KUMAR M., ADVOCATE)
AND:
1. STATE OF KARNATAKA
Digitally signed by REPRESENTED BY THE HOME SECRETARY,
R HEMALATHA
Location: HIGH VIDHANA SOUDHA, AMBEDKAR VEEDHI,
COURT OF BANGALORE-560 001.
KARNATAKA
2. SUPERINTENDENT OF POLICE
UDUPI DISTRICT, UDUPI-574 101.
3. THE STATION HOUSE OFFICER
KARKALA RURAL POLICE STATION,
KARKALA TALUK, UDUPI DISTRICT-574 104.
4. SRI DEEPAK SHETTY
S/O DINESH SHETTY,
AGED ABOUT MAJOR,
NEAR PU COLLEGE,
DONDERANGADI, KUKKUJE,
-2-
NC: 2024:KHC:31607
WP No. 20449 of 2024
KARKALA TALUK-574108
UDUPI DISTRICT.
...RESPONDENTS
(BY SRI. SHAMANTHA NAIK, HCGP)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3
TO REGISTER THE COMPLAINT FILED BY THE PETITIONER
DTD. 05.07.2024 PRODUCED AT ANNX-A AND DIRECT TO
CONDUCT COURT MONITORED INVESTIGATION IN
ACCORDANCE WITH LAW AND TO GRANT SUCH OTHER
RELIEF AS THIS HONBLE COURT DEEM FIT TO GRANT IN THE
INTEREST AND JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner has filed a complaint with the respondent-
police alleging forgery, morphing of photos, and the uploading of
the morphed photos in a WhatsApp group. The learned counsel for
the petitioner contends that the alleged offence constitutes forgery
under the Indian Penal Code (IPC) or fall within the provisions of
the Information Technology Act.
2. In cases involving the commission of cognizable
offences, the Investigating Officer in charge of the police station is
required to consider the complaint in accordance with the directives
of the Supreme Court in Lalita Kumari v. Government of Uttar
Pradesh and Others [(2014) 2 SCC 1].
NC: 2024:KHC:31607
3. Therefore, this petition is disposed of with a direction to
respondent No.3 to consider the complaint filed by the petitioner on
5.7.2024, as per Annexure-A, in the context of the judgment in
Lalita Kumari (supra), and to take appropriate action within one
week from the date of receipt of a certified copy of this order.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
HR
