Karnataka High Court
Our Saviour Lutheran Church vs The State Of Karnataka on 6 June, 2013
Author: Mohan .M.Shantanagoudar
Bench: Mohan .M.Shantanagoudar
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 6TH DAY OF JUNE 2013
BEFORE
THE HON'BLE JUSTICE MOHAN .M.SHANTANAGOUDAR
WRIT PETITION No.21650/2013(GM-POLICE)
AND
WRIT PETITION Nos.23144 - 147/2013(GM-POLICE)
BETWEEN:
OUR SAVIOUR LUTHERAN CHURCH
OORGAUM - 563 120
KOLAR GOLD FIELDS
KOLAR DISTRICT
REP BY ITS OFFICE BEARERS
AND ELDERS - VIZ.
1. SRI S.SELVARAJ - PRESIDENT
AGED ABOUT 74 YEARS
2. G.JOHNSON KIRUBAGARAN - SECRETARY
AGED ABOUT 59 YEARS
3. SRI A YESU - TREASURER
AGED ABOUT 66 YEARS
4. SRI M.INBASEGARAN - ELDER
AGED ABOUT 59 YEARS
5. SRI M.VICTOR - ELDER
AGED ABOUT 55 YEARS
... PETITIONERS
(BY SRI R P SOMASHEKARAIAH, ADV.)
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AND:
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
HOME DEPARTMENT
VIDHANA SOUDHA
BANGALORE
DR. B.R.AMBEDKAR VEEDHI
BANGALORE - 560001
2. THE COMMISSIONER OF POLICE
INFANTRY ROAD
BANGALORE 560 001
3. THE SUPERINTENDENT OF POLICE
CHAMPION REEFS
KOLAR GOLD FIELDS
KOLAR DISTRICT - 563101
KARNATAKA
4. THE STATION HOUSE OFFICER
CHAMPION REEFS POLICE STATION
KOLAR GOLD FIELDS
KOLAR DISTRICT - 563 101
KARNATAKA
5. REV J SAMUEL
(RETIRED PASTOR)
RESIDENT OF HAPPY HOME
KRISHNAVARAM, BEML NAGAR POST
K G F 563 114
KOLAR DISTRICT - 563 101
KARNATAKA
6. SRI P EDWIN NESARAJ
SON OF PONNUDORAI
AGED ABOUT 60 YEARS
RESIDENT OF LUTHERAN MISSION
COMPOUND, OORGAUM POST
KOLAR GOLD FIELDS
KOLAR DISTRICT - 563 101... RESPONDENTS
(BY SRI VIJAYA KUMAR A.PATIL, G.A.)
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THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF
INDIA, PRAYING TO DIRECT THE RESPONDENTS 1 TO
4 IN GENERAL AND RESPONDENT NO.4 IN
PARTICULAR TO ACCORD NECESSARY POLICE
PROTECTION TO THE PETITIONER 1 TO 5 CHURCH
ITS CONGREGATION MEMBERS WHOSE DETAILS ARE
FURNISHED IN THE SCHEDULE AND ETC.
THESE PETITIONS COMING ON FOR
PRELIMINARY HEARING THIS DAY, THE COURT MADE
THE FOLLOWING:-
ORDER
Petitioners have sought for the following relief:
'A writ in the nature of mandamus, directing the respondents 1 to 4 in general and respondent No.4 in particular to accord necessary police protection to the petitioner Nos.1 to 5 / Church, its congregation members, whose details are furnished in the schedule.'
2. It reveals that there is a dispute with regard to the management of the Church by name Our Saviour Lutheran Church situated at Kolar Gold Fields, Kolar District. Respondent Nos.5 is the retired pastor of the petitioner - Church and respondent No.6 is supporter of respondent No.5. According to the petitioners, they are the office bearers and elders and the Church is being run under their management. It is further case of the 4 petitioners that the respondent Nos.5 and 6 are unnecessarily interfering with the activity of the Church, though they are retired. In this regard, the petitioners have lodged a complaint before the Commissioner of Police, Infantry Road, Bangalore as per Annexure-D-3 on 19.04.2013, against respondents No.5 and 6 herein. It seems that a private complaint is lodged by the petitioners in PCR No.8/2013 against the respondent Nos.5 and 6 and others before the Principal/Additional Civil Judge and J.M.F.C., K.G.F.
3. The police after investigation into the matter, filed 'B' report on 06.04.2013 before the J.M.F.C., K.G.F. Since 'B' report is already filed, it is for the petitioner to pursue other remedy if he chooses, in accordance with law.
In addition to this, the petitioner has already filed O.S.18/2013 for permanent injunction before the Civil Court at Kolar. In the said suit, the petitioners have claimed necessary reliefs.
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4. No party including the petitioners convert Civil litigation into Criminal litigation. If and only if the complaint discloses any cognizable offence, the police take cognizance and proceed in accordance with law. Here is a matter wherein there is a Civil Dispute between petitioners and the private respondent. If it is so, the petitioners should pursue their suit before the Civil Court or any appropriate forum. Accordingly, petitions stand dismissed.
Sd/-
JUDGE Rms