Mr H Mohammed Anwar vs The State Of Karnataka
2024 Latest Caselaw 6143 Kant

Karnataka High Court

Mr H Mohammed Anwar vs The State Of Karnataka on 29 February, 2024

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                              -1-
                                                          NC: 2024:KHC:8502
                                                        WP No. 2643 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 29TH DAY OF FEBRUARY, 2024

                                           BEFORE
                          THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                         WRIT PETITION NO. 2643 OF 2024 (GM-POLICE)
                   BETWEEN:

                   1.    MR. H.MOHAMMED ANWAR
                         REPRESENTED BY ITS PRESIDENT
                         IDARA DAWATH O SUNNATH
                         S/O LATE ADBUL RAHEEM
                         AGED ABOUT 83 YEARS
                         RESIDING AT WARD NO.24
                         1ST MAIN, 2ND CROSS
                         NEAR ILLAHI SCHOOL
                         YARAB NAGAR, RAMANAGARA - 562 159.

                   2.    HAJI OBAIDULLAH
                         REPRESENTED BY ITS TRUSTEE
                         IDARA DAWATH O SUNNATH
                         S/O LATE ADBUL SHUKUR
Digitally signed
                         AGED ABOUT 83 YEARS
by NAGAVENI              R/AT NO.18, WARD NO.13
Location: HIGH           OPP. HOSPITAL, KUMUNDAN MOHALLA
COURT OF                 RAMANAGARA TOWN, RAMANAGARA - 562 159.
KARNATAKA
                                                           ...PETITIONERS
                   (BY SRI. NISHAD S. A., ADVOCATE)

                   AND:

                   1.    THE STATE OF KARNATAKA
                         DEPARTMENT OF HOME AFFAIRS
                         REPRESENTED BY ITS SECRETARY
                         VIDHANA SOUDHA
                         BENGALURU - 560 001.
                               -2-
                                             NC: 2024:KHC:8502
                                          WP No. 2643 of 2024




2.   THE SUPERINTENDENT OF POLICE
     RAMANAGARA TOWN
     RAMANAGARA DISTRICT
     KARNATAKA - 560 058.

3.   STATION HOUSE OFFICER
     RAMANAGARA POLICE STATION
     REPRESENTED BY HCGP
     HIGH COURT BUILDING
     BENGALURU - 560 001.

4.   MR. SYED SHAFIULLA
     S/O ALHAJ SYED RAHMAN
     AGED ABOUT 70 YEARS
     R/AT NO.KUMADHAN MOHALLA
     RAMANAGARA - 562 159.
                                               ...RESPONDENTS
(BY SRI. KIRAN KUMAR, HCGP FOR R1 TO R3)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECTING THE R-3 TO FILE FIRST INFORMATION REPORT
AGAINST THE R-4; DIRECTING THE R-3 TO INITIATE CRL
PROCEEDINGS AGAINST THE R-4 AND ARREST THE ACCUSED
IN ACCORDANCE WITH LAW.

    THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:


                            ORDER

The petitioners are before this Court seeking a direction

by issuance of a writ in the nature of mandamus directing the

3rd respondent to register a crime against the 4th respondent.

NC: 2024:KHC:8502

2. Heard Sri Nishad S.A., learned counsel appearing for

petitioner and Sri Kiran Kumar, learned High Court Government

Pleader appearing for respondents 1 to 3.

3. The petitioner claims to be a President of the Idara

Dawath O Sunnath Trust and has alleged certain forgery at the

hands of the 4th respondent and therefore, seeks to register a

crime before the jurisdictional police. The non-registration of

the same has led the petitioner to this Court in the subject

petition.

4. Learned High Court Government Pleader would submit

that action would be taken in terms of the judgment of the

Apex Court in the case of LALITA KUMARI Vs.

GOVERNMENT OF UTTAR PRADESH and necessary action

would ensue. The submission is placed on record.

5. The complaint of the petitioner be examined in the

light of the judgment of the Apex Court in the case of LALITA

KUMARI V. GOVERNMENT OF UTTAR PRADESH reported in

NC: 2024:KHC:8502

(2014)2 SCC 1 and appropriate action be taken by the State

without brooking any delay.

With the aforesaid observations, petition stands disposed.

Sd/-

JUDGE

BKP

CT:SS