High Court of Karnataka Directs Consideration of Representation Against Police Officers in Writ Petition Under Articles 226 and 227 of Constitution of India. Court orders respondent to consider representation within four weeks without expressing opinion on merits.

High Court: Karnataka High Court Bench: BENGALURU
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Case Note & Summary

The petitioners, three individuals, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a mandamus directing the second respondent (Director General of Police and Inspector General of Police) to consider their representation dated 26.05.2020. The representation alleged misconduct by police officers named Kitty and Hanumantaiah of the third respondent's office (S.R.Nagar Police Station). The petitioners also sought an independent enquiry against those officers. The court noted that the grievance was limited to consideration of the representation. With consent of parties, the matter was taken up for final disposal. The court disposed of the petition directing the second respondent to consider the representation and pass appropriate orders within four weeks, without expressing any opinion on merits. The court clarified that no further direction was required at this stage.

Headnote

A) Constitutional Law - Writ of Mandamus - Consideration of Representation - Articles 226 and 227 of Constitution of India - Petitioners sought direction to consider representation against police officers for alleged illegal activities - Court held that grievance is limited to consideration of representation and directed respondent No.2 to consider and pass appropriate orders within four weeks - Held that no further direction is required at this stage (Paras 3-5).

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Issue of Consideration

Whether the court should direct the respondent authorities to consider the petitioners' representation regarding alleged police misconduct.

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Final Decision

Writ petition disposed of directing respondent No.2 to consider the representation dated 26.05.2020 and pass appropriate orders within four weeks. No opinion expressed on merits.

Law Points

  • Mandamus
  • Consideration of representation
  • Police misconduct
  • Articles 226 and 227 of Constitution of India
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Case Details

2020 LawText (KAR) (07) 151

Writ Petition No.8192 of 2020 (GM-POLICE)

2020-07-06

P. B. Bajanthri

Hanumanthappa B. Haravigowdar (for petitioners), T.P. Srinivasa (AGA for respondents)

Sri. Bala @ Balaraj @ Koothuraya, Sagayaraj, Arogya Swamy

The Secretary, Department of Home Affairs; The Director General of Police and Inspector General of Police; The Inspector of Police, S.R.Nagar Police Station

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Nature of Litigation

Writ petition seeking mandamus to consider representation against police officers.

Remedy Sought

Direction to respondent No.2 to consider representation dated 26.05.2020 and hold independent enquiry against police officers Kitty and Hanumantaiah.

Filing Reason

Alleged illegal activities by police officers and failure of authorities to consider representation.

Issues

Whether the court should direct consideration of the petitioners' representation.

Submissions/Arguments

Petitioners sought direction to consider representation and hold enquiry. State counsel accepted notice and matter was taken up for final disposal with consent.

Ratio Decidendi

The court's role is limited to directing consideration of representation; merits are not to be adjudicated at this stage.

Judgment Excerpts

In view of the fact that, the grievance of the petitioners is only to consider the representation. Accordingly, the writ petition stands disposed of.

Procedural History

Writ petition filed on 26.05.2020; came up for preliminary hearing on 06.07.2020; disposed of on same date.

Acts & Sections

  • Constitution of India: Articles 226, 227
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