Jana Small Finance Bank Limited vs The Station House Officer
2024 Latest Caselaw 6027 Kant

Karnataka High Court

Jana Small Finance Bank Limited vs The Station House Officer on 28 February, 2024

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

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                                                           NC: 2024:KHC:8363
                                                      WP No. 26986 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 28TH DAY OF FEBRUARY, 2024

                                           BEFORE
                          THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                         WRIT PETITION NO. 26986 OF 2023 (GM-POLICE)
                   BETWEEN:

                         JANA SMALL FINANCE BANK LIMITED
                         A COMMERCIAL BANKING COMPANY INCORPORATED
                         UNDER THE PROVISIONS OF THE COMPANIES ACT
                         2013, HAVING ITS REGISTERED OFFICE AT THE
                         FAIRWAY BUSINESS PARK NO.10/1,
                         11/2, 12/2B, OFF DOMLUR KORAMANGALA INNER
                         RING ROAD, NEXT TO EGL,
                         CHALLAGHATTA,
                         BENGALURU - 560 071.

                         REPRESENTED BY ITS ZONAL LEGAL MANAGER
                         SRI. BABU SREEJITH,
                         THROUGH D. NARAYANA SWAMY,
Digitally signed         ADVOCATE.
by NAGAVENI              MOBILE:9945138186,
Location: HIGH           [email protected]
COURT OF                                                      ...PETITIONER
KARNATAKA
                   (BY SRI. NARAYANA SWAMY D., ADVOCATE)

                   AND:

                   1.    THE STATION HOUSE OFFICER,
                         RAJAGOPALANAGARA POLICE STATION,
                         RAJAGOPALANAGARA,
                         BENGALURU - 560 058,
                         REPRESENTED BY STATE PUBLIC PROSECUTOR.
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                                               NC: 2024:KHC:8363
                                          WP No. 26986 of 2023




2.   COMMISSIONER OF POLICE,
     INFANTRY ROAD,
     BENGALURU - 560 001,
     REPRESENTED BY STATE PUBLIC PROSECUTOR.
                                        ...RESPONDENTS
(BY SRI. KIRAN KUMAR, HCGP)

      THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENT TO PROVIDE ADEQUATE POLICE PROTECTION TO
COURT COMMISSIONER AND PETITIONER TO TAKE PHYSICAL
POSSESSION OF THE MORTGAGED PROPERTY AS PER ORDER
PASSED IN CRL. MISC. PET. NO. 5366 OF 2022 ON THE FILE
OF THE 7TH ADDL. CHIEF METROPOLITAN MAGISTRATE,
BENGALURU VIDE ANNEXURE-C.

      THIS PETITION, COMING ON FOR PRELIMINARY HEARING

IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

The petitioner is before this Court, seeking the following

prayers:

"(a) ISSUE an order, direction or Writ in the nature of Mandamus directing the Respondent to provide adequate Police Protection to Court Commissioner and Petitioner to take physical possession of the Mortgaged Property as per order passed in Crl.Misc.

Pet. No.5366 of 2022 on the file of the 7th Additional Chief Metropolitan Magistrate, Bengaluru vide Annexure-C.

(b) Pass any other order or direction as deems fit under the circumstances of this case before this

NC: 2024:KHC:8363

Hon'ble Court and ALLOW the Writ Petition in the interest of justice."

2. The prayer of the petitioner is that the crime is not

being registered on the complaint so made by the petitioner.

The complaint is dated 09.10.2023. The allegation is that the

compliant is not fructified into filing of an FIR against the name

accused therein. Therefore, the State shall look into the

complaint and take necessary action in terms of the judgment

of the Apex Court in the case of LALITA KUMARI V.

GOVERNMENT OF UTTAR PRADESH AND OTHERS1.

With the aforesaid observations, the petition stands

disposed.

Sd/-

JUDGE

SJK CT:SNN

(2014) 2 SCC 1