Karnataka High Court
Sri Krishna Kiran vs The State Of Karnataka on 18 February, 2020
Author: P.S.Dinesh Kumar
Bench: P.S. Dinesh Kumar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY, 2020
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.3834 OF 2020 (GM-RES)
BETWEEN :
SRI. KRISHNA KIRAN
S/O K. KRISHNAN
AGED ABOUT 38 YEARS
PROPRIETOR, D5N
NXT GENERATION LORIEL
(LORIEL PROFESSION), NO.186 (83/1)
6TH MAIN ROAD, 18TH CROSS
MALLESWARAM
BENGALURU-560 055
AND ALSO AT FOLLOWING PLACES:
NO.645, D51, NXT GENERATION
(BRANCH), 1ST FLOOR
ABOVE VASUDEVA ADIGAS
80 FEET ROAD, KORAMANGALA
BENGALURU-560 034
MINI D5N, NXT GENERATION
AT NO 400, RANGANATH COMPLEX
OPP. HMT GROUNDS
R.T.NAGAR, BENGALURU-560 032 ...PETITIONER
(BY SHRI. H.N. SHASHIDHARA, ADVOCATE)
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AND :
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
MINISTRY OF HOME AFFAIRS
VIDHANA SOUDHA
BANGALORE-560 001
2. THE COMMISSIONER OF POLICE
INFANTRY ROAD
BANGALORE-560 001
3. THE INSPECTOR OF POLICE
MALLESWARAM POLICE STATION
MALLESWARAM
BENGALURU-560 003
4. THE INSPECTOR OF POLICE
KORAMANGALA POLICE STATION
8TH BLOCK, KORAMANGALA
BENGALURU-560 095
5. THE INSPECTOR OF POLICE
R.T. NAGAR POLICE STATION
R.T.NAGAR
BENGALURU-560 032 ... RESPONDENTS
(BY SHRI. VIJAYKUMAR A. PATIL, AGA)
....
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NOT TO INTERFERE WITH THE BUSINESS OF RUNNING
HAIR DRESSING, BEAUTY PARLOUR, SPA AND ALSO MASSAGE
SERVICE AT KORAMANGALA AND ALSO AT R.T.NAGAR AND
MALLESHWARAM WITHOUT AUTHORITY OF LAW AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Petitioner claims to be running Spa and Cross-gender Massage Centres in Koramangala, R.T.Nagar and Malleshwaram.
2. Shri. H.N.Shashidhara, learned Advocate for petitioner submitted that respondents have orally called upon the petitioner to stop Spa services. He further submitted that petitioner is not involved in any illegal activities.
3. Shri. Vijaykumar A.Patil, learned AGA for State, on instructions from respondents No. 3 to 5 submitted that no Policemen attached to the said Police Stations have visited or issued any direction. He further submitted that police have taken action in respect of other Spas and registered FIRs. Apprehending such action, petitioner has filed this petition, and it is premature in nature. 4
4. In view of submission of learned AGA that no policemen have visited petitioner's Spas, no cause of action has arisen for petitioner to prosecute this petition. Hence, this petition is premature.
5. Petition is disposed of with liberty to the petitioner to approach this Court, should there be any cause of action in future. Any observation made herein does not come in the way of respondent-Police to take action in accordance with law.
Petition is disposed of with above observation. No costs.
Sd/-
JUDGE SPS