Sree Maruthi Recreation vs State Of Karnataka on 28 February, 2018

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Karnataka High Court

Sree Maruthi Recreation vs State Of Karnataka on 28 February, 2018

Bench: Vineet Kothari

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

     DATED THIS THE 28th DAY OF FEBRUARY 2018

                        BEFORE

      THE HON'BLE Dr.JUSTICE VINEET KOTHARI

       WRIT PETITION No.6379/2018 (GM-POLICE)

BETWEEN:

SREE MARUTHI RECREATION
AND SPORTS ASSOCIATION
NO.30/11, NEW NO.11/1
3RD CROSS, SUBEDHAR CHATRAM ROAD
(BEHIND AMARETTO HOTEL)
BANGALORE 56009.

NEW ADDRESS:-
NO.84, HOSPITAL ROAD
BALEPET, BANGALORE 560 053
REPRESENTED BY ITS
PRESIDENT SRI. KRISHNAIAH K.H.
AGED ABOUT 57 YEARS.
                                           ... PETITIONER
(By Mr. SANTOSH KUMAR, ADV., FOR
    Mr. SHARATH KUMAR SHETTY, ADV.,)

AND:

1.     STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       HOME DEPARTMENT
       VIDHANA SOUDHA, BANGALORE 560001.

2.     THE COMMISSIONER OF POLICE
       BANGALORE 560001.

3.     THE DEPUTY COMMISSIONER OF POLICE
       UPPERPET, BANGALORE 560009.
                                  Date of Order 28-02-2018 W.P.No.6379/2018
                         Sree Maruthi Recreation Vs. State of Karnataka & Ors.

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4.   THE ASSISTANT COMMISSIONER OF POLICE
     UPPERPET, BANGALORE 560009.

5.   THE INSPECTOR OF POLICE
     UPPERPET POLICE STATION
     BANGALORE 560 009.

6.   THE ASSISTANT COMMISSIONER OF POLICE
     THE CITY CRIME BRANCH
     N.T. PET, BANGALORE 560002.
                                      ... RESPONDENTS

(By Mr. VIJAY KUMAR A. PATIL, AGA FOR RESPONDENTS)

     THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO
OBTAIN THE LICENSE TO CARRY IN LAWFUL ACTIVITIES IN THE
PREMISES OF THE PETITIONER'S ASSOCIATION EITHER UNDER
THE LICENSING AND CONTROLLING OF THE KARNATAKA
POLICE ACT AND NOT TO INTERFERE IN THE PLAY OF SKILL
FANTASTIC-3, SIX COLOR GAME, CHESS, SNOOKER, RUMMY,
POKER, ELECTRONIC COIN GAMES, CAROM, BILLIARDS ETC.,
WHICH ARE THE GAMES OF SKILL & ETC.,

      THIS W.P. COMING ON FOR PRELIMINARY HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:-

                             ORDER

Mr. Santosh Kumar, Adv. for Mr. Sharath Kumar Shetty, Adv. for Petitioner Mr. Vijay Kumar A. Patil, AGA for Respondents

1. The petitioner - Sri.Maruthi Creations has filed this writ petition with the following prayers:-

"(i) Issue a Writ of Mandamus or any other appropriate Writ, order or directions, Date of Order 28-02-2018 W.P.No.6379/2018 Sree Maruthi Recreation Vs. State of Karnataka & Ors.

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directing the Respondents not to insist upon the petitioner to obtain the License to carry in lawful activities in the premises of the petitioner's Association either under the Licensing and Controlling of the Karnataka Police Act and not to interfere in the play of skill Fantastic-3, six color game, Chess, Snooker, Rummy, Poker, Electronic Coin Games, Carom, Billiards, etc., which are the games of skill.

(ii) Grant such other relief or relief's as this Hon'ble Court deems fit in the circumstances of the case, in the interest of justice".

2. This Court is generally flooded with these kinds of writ petitions seeking interference against normal discharge of duty by Police Authorities and despite passing of several orders, disposing of such petitions, giving directions to the petitioners to approach the concerned Police Authorities only, with their representation and evidence to prove before them that no illegal activities are happening in their Recreation Clubs etc.,, such repetitive writ petitions are being filed by different petitioners and the Court is left with no Date of Order 28-02-2018 W.P.No.6379/2018 Sree Maruthi Recreation Vs. State of Karnataka & Ors.

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option but to pass such repetitive orders time and again.

3. This is simply an exercise in futility and does not deserve to be repeated. Once the High Court has disposed of the case of similar nature and certain directions have been given in one such case, it is open to the subsequent petitioners having similar grievance to rely upon such order passed by this Court and adduce their own evidence on the facts and pleadings in their case, obviating the need of unnecessary filing of the writ petitions in this Court and invited the Court to pass such repetitive orders. Such practice deserves to be put down and prohibited.

4. One such order in the case of Banker's Recreation Association (Regd.) & Anr vs. The State of Karnataka & Ors. in W.P.No.31193/2017 disposed of on 25.07.2017, which is applicable to the Date of Order 28-02-2018 W.P.No.6379/2018 Sree Maruthi Recreation Vs. State of Karnataka & Ors.

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facts of the present case is quoted below for ready reference just for the benefit of the petitioner.

"1. The petitioners have filed this writ petition with the following prayers:-

"(i) A writ in the nature of prohibition or any other appropriate writ or order directing and forbidding the respondents from interfering and meddle with the daily and routine activities of the first petitioner.

(ii) Grant such other relief as this Hon'ble Court deems fit in the facts and circumstances of the case including an order as to costs".

"2. The learned AGA has brought to the notice of the Court Section 20-C of the Karnataka Police Act, 1963 which is quoted below for ready reference:-

20-C. State Police Complaints Authority - (1) The State Government Shall, by notification in the Official Gazette, constitute the State Police Complaints Authority consisting of five persons, namely:-

(i) one shall be the Chairman selected from among the panel of three retired High Court Judges recommended by the Chief Justice of High Court of Karnataka.

Date of Order 28-02-2018 W.P.No.6379/2018 Sree Maruthi Recreation Vs. State of Karnataka & Ors.

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(ii) one member shall be from among the retired Civil Service who shall be an officer not below the rank of Principal Secretary to Government.

(iii) one member shall be from Civil Society. The Civil Society member shall be chosen by the State Government from amongst the panel of three names recommended by the Search Committee consisting of three persons nominated by the State Government one each representing the Human Rights Commission, the Karnataka Public Service Commission and the Lokayukta. The State Government shall appoint one of the members as the Chairman of the Search Committee and an officer not below the rank of Deputy Secretary to Government, Home Department as the convener of the Search Committee. The person in the panel shall be a person of repute who has rendered humanitarian service in the field of education, health, upliftment of the poor etc. and had not aligned himself with any political party or ideological group.

(iv) one women IPS Officer of not below the rank of Deputy Inspector General of Police; and

(v) the Additional General of Police (Grievance) nominated by the State Government Date of Order 28-02-2018 W.P.No.6379/2018 Sree Maruthi Recreation Vs. State of Karnataka & Ors.

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as the Ex officio member and Member Secretary of the Authority".

3. From a bare reading of the said provision, it is clear that any person, a victim or any other person, if he has any grievance against the actions of the police officials of the State, they can approach the said Complaint Authority, which is headed by a former Judge of the High Court and other high power persons.

4. This Court does not appreciate the reason for the petitioners to approach this Court by way of present writ petition directly under Article 226 of the Constitution of India.

5. The present petition contains absolutely vague averments made in the writ petition that the police officials are disturbing the peace and living of the petitioners without any valid reason. No specific instance has been pointed out in the present petition as well.

6. The petitioners can always avail their normal and ordinary remedy in the competent subordinate Courts below as well. In view of the effective forums already provided in the Karnataka Police Act and Code of Criminal Procedure, this Court is fully convinced that there is no justification for entertaining this petition under Article 226 of the Constitution of India.

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7. The petition is accordingly dismissed. No costs".

5. The petitioner has not even being given any Notice or order by any Police Authority in the present case and the writ petition has been filed on a merely unfounded apprehension that the Police Authority may interfere with the so called lawful activities of the petitioner like Skill Games etc.,

6. This Court cannot go into such questions of facts on vague averments cannot issue any prohibitory order against the Police Authority not to investigate and look into the affairs of the Petitioner-Recreation Club and to ensure that no illegalities or crimes are committed under the garb of such lawful activities. It is a routine duty of the Police authority to investigate in such matters and therefore, entertaining of such writ petitions is without any substance or useful purpose.

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7. Accordingly, this writ petition is disposed of without any such interference in working of the Respondent-Police Department. No costs.

Sd/-

JUDGE Srl.

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