Karnataka High Court
Tahera Iqbal vs State Of Karnataka on 25 July, 2023
Author: Krishna S Dixit
Bench: Krishna S Dixit
-1-
NC: 2023:KHC:25696
WP No. 16761 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 16761 OF 2022 (GM-POLICE)
BETWEEN:
1. TAHERA IQBAL
AGED ABOUT 64 YEARS,
W/O MR.MAHMOOD IQBAL
R/O B2, REGENCY SPLENDOUR,
25, HALL ROAD, RICHARDS TOWN,
BENGLAURU, KARNATAKA-560005.
2. HARSHAN GOODWIN HECTOR
AGED ABOUT 22 YEARS,
S/O MR. HECTOR ROZAARIO
R/O FLAT NO.102, PRESTIGE MELBROOK
23/24 D' COSTA LAYOUT, 1ST CROSS COOKE TOWN
BENGLAURU-560084.
3. DEEPA NARASIMHA NAYAK
Digitally signed
by SHARADA AGED 31 YEARS,
VANI B W/O GANESH RAJSHEKHAR
Location: HIGH R/O NO 206, Y.D. SAI GRAND APARTMENT,
COURT OF 8TH MAIN, HOYSALANAGAR,
KARNATAKA
TC PALYA MAIN ROAD, RAMAMURTHY NAGAR
BENGALURU-560016.
4. MEGHANA T.V.
AGED ABOUT 37 YEARS,
W/O MR.SHASHIDHAR U.G.
R/O NO.6, ANUGRAHA NILAYA,
BEHIND MARAMMA TEMPLE,
VIRUPAKASHPURA,
NEAR KODIGEHALLI RAILWAY GATE,
BENGALURU-560097.
-2-
NC: 2023:KHC:25696
WP No. 16761 of 2022
5. M.N.VIJAI
MAJOR
S/O MR.NAGENDRA RAO
R/O 188, 18TH CROSS ROAD,
R.T.NAGOAR, 1ST BLOCK,
BENGALURU-560032.
6. RAVI KRISHNASWAMY
AGED ABOUT 53 YEARS,
S/O MR.S. KRISHNA SWAMY
R/O A2-202, SRI PRAKRITHI APARTMENT
THINDLU MAIN ROAD,
NEAR MORE MARKET
VIRUPAKSHAPURA, KADIGEHALLI,
BENGALURU-560097.
7. VIDYA RAJESH RAO
AGED ABOUT 43 YEARS,
W/O MR RAJESHA VITTAL,
R/O 303. NEEL GAGAN 1, 1ST CROSS ROAD,
GOPALAPURA LAYOUT, K.H.B. MAIN ROAD,
MANORAYANAPALYA R T NAGAR,
BENGALURU-560032
PRESENTLY AT
FLAT 7, A WING FLOOR 3, BUILDING NO.56,
A1 DHAHAK BIN QAYS STREET, BLOCK NO.10,
NEAR ONCOST EXPRESS AND TITANIC BUILDING,
SALMIYA, KUWAIT-20010
REP. THROUGH HER SPA HOLDER
RAVI KRISHNA SWAMY.
8. RAMA PRASAD S R
AGED 45 YEARS,
S/O MR.RAMAKRISHNA SETTY S.R.
R/O 408, 8TH A MAIN ROAD,
MS.RAMAIAH CITY
8TH PHASE, JP NAGAR, BENGALURU-560076.
9. REKHA M N
AGED 50 YEARS,
W/O MR. S.N.DAMODHAR RAO
R/O HOUSE NO.32, 3RD CROSS, R.K.LAYOUT,
-3-
NC: 2023:KHC:25696
WP No. 16761 of 2022
SANJAY NAGAR, BENGLAURU-560094.
10. S.N.DAMODHAR RAO
AGED 50 YEARS,
S/O MR S.V. NARAYAN RAO
R/O HOUSE NO.32, 3RD CROSS, R.K.LAYOUT,
SANJAY NAGAR, BENGLAURU-560094
PRESENTLY AT EQUATE PETROCHEMICAL COMPANY
EG DEPARTMENT, PB NO.9717
AHMADI 61008, SHAUIBA INDL AREA,
KUWAIT
REP. THROUGH HIS POWER OF ATTORNEY HOLDER
REKHA M N
11. ANUPAMA TAVAREKERE
AGED 50 YEARS,
W/O MR. RANAKUMAR NAGARAJA
R/O C 907, GOPALAN RESIDENCY,
VIJAYNAGAR PIPE LINE ROAD,
BENGALURU-560023.
12. MANISH KAPOOR K
AGED 45 YEARS,
S/O SHRI JITENDRA NATH KAPOOR
R/O OBEROI EXQUISITE, B-2302
ABA KARMAKAR ROAD, BEHIND OBEROI MALL,
GOREGAON EAST, MUMBAI,
MAHARASHTRA-400063.
13. SHAILENDRA RAVI
AGED ABOUT 52 YEARS
S/O MR. SATYANARAYAN RAVI
R/O HOUSE NO.1003, TOWER-6,
ADARSH PALM RETREAT,
DEBARABISANHALLI, ORR BENGALURU,
KARNATAKA-560 106.
14. B.P. ESHWAR
AGED 47 YEARS,
S/O MR.B.S.PURTHVIRAJ SINGH
R/O 1015 A, 5TH WARD,
NEAR B.H.TEMPLE, RANIPET,
HOSPET, BELLARY,
-4-
NC: 2023:KHC:25696
WP No. 16761 of 2022
KARNATAKA-583 201.
15. SRIVIDYA KARTHIK
AGED 42 YEARS,
W/O MR.G.KARTHIK
R/O HOUSE NO.150, K9, BLOCK-2
PRIME TERRACE, APPASWAMY FLATS,
LB ROAD, THIRUVANMIYUR
16. ZUZAR SIRAJ TAMBAWALA
AGED 41 YEARS,
S/O MR. SIRAJ MOHAMMED TAMBAWALA
R/O TOOLS AND EQUIPMENT TRADERS,
NO.30, MARIAPPAN STREET
NEAR KARTHIKEYA TRANSPORT,
KATTOOR, COIMBATORE-641 009.
17. MURTUZA SIRAJ TAMBAWALA
AGED ABOUT 42 YEARS
S/O MR.SIRAJ MOHAMMED TAMBAWALA
R/O TOOLS AND EQUIPMENT TRADERS,
NO.30, MARIAPPAN STREET,
NEAR KARTHIKEYA TRANSPORT,
KATTOOR, COIMBATORE-641 009.
...PETITIONERS
(BY SMT. DEEPALI AGARWAL, ADVOCATE FOR
SRI. RAKESH KUMAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH THE CHIEF SECRETARY
ROOM NO.320, 3RD FLOOR
VIDHANA SOUDHA,
BENGALURU-560 001.
2. THE COMMISSIONER OF POLICE BENGLAURU
NO.2, ALI ASKER ROAD,
VASANTH NAGAR,
BENGALURU
KARNATAKA-560051.
3. THE DEPUTY COMMISSIONER OF POLICE
-5-
NC: 2023:KHC:25696
WP No. 16761 of 2022
NORTH BENGALURU
AMRUTHA NAGAR MAIN ROAD,
SECTOR B, AMRUTHANAGAR,
BYATARAYANAPURA
BENGALURU-560092.
4. THE STATION HOUSE OFFICER (SHO)
HEBBAL POLICE STATION,
BENGALURU, KARNATAKA.
5. VIKRAM STRUCTURES PRIVATE LIMITED
THROUGH ITS DIRECTORS
194, SANKEY MAIN ROAD,
ARAMANE NAGAR,
NEAR STERLING SANKEY COURT,
SADASHIVA NAGAR,
BANGALORE-560 080.
6. VIKRAM PRABHAKAR
S/O LATE PRABHAKAR B.L
MAJOR
NO.655/6, 7TH CROSS, BANDAPPA STREET,
YESHWANTHPURA, BANGALORE-560022
PRESENTLY AT
PRABHAKAR NILAYA,
NO.36/1, 8TH MAIN ROAD, 7TH CROSS,
RMV, SADASHIVANAGAR,
BENGLAURU-560080.
7. MANJUNATH RAVINDRA
AGED ABOUT 46 YEARS,
S/O LATE RAVINDRA S.
NO.652/9, MANJUNATH NILAYA,
2ND MAIN ROAD,
1ST CROSS, B K NAGAR, 1ST CROSS,
YESHWANTHPURA, BANGALORE-560022.
8. AISHWARYA GUMMAREDDY BYRAREDDY
FORMER DIRECTOR,
AGED ABOUT 48 YEARS,
NO.655/6, 7TH CROSS, BANDAPPA STREET,
YESHWANTHPURA, BANGALORE 560022.
-6-
NC: 2023:KHC:25696
WP No. 16761 of 2022
PRESENTLY AT,
PRABHAKAR NILAYA,
NO.36/1, 8TH MAIN ROAD, 7TH CROSS,
RMV, SADASHIVANAGAR,
BENGALURU-560080.
9. BAGALAGUNTE MUNIKONDAPPA SREENIVASA
FORMER ADDITIONAL DIRECTOR,
AGED ABOUT 52 YEARS,
194, SANKEY MAIN ROAD, ARMANE NAGAR,
NEAR STERLING SANKEY COURT,
SADASHIVA NAGAR,
BANGALORE-560080.
10. CHINAPPA NAGARA
FORMER ADDITIONAL DIRECTOR,
AGED ABOUT 54 YEARS,
194, SANKEY MAIN ROAD, ARMANE NAGAR,
NEAR STERLING SANKEY COURT
SADASHIVA NAGAR,
BANGALORE-560080.
11. MEENAKSHI CHANDRASHEKHAR
AGED 52 YEARS,
FORMER ADDTIONAL DIRECTOR,
194, SANKEY MAIN ROAD, ARMANE NAGAR,
NEAR STERLING SANKEY COURT
SADASHIVA NAGAR,
BANGALORE-560080.
12. B H NARAYANASWAMY
AGED ABOUT 62 YEARS,
S/O LATE SRI HANUMEGOWDA,
R/O NO.566, 7TH A MAIN, A SECTOR,
YELAHANKA, BENGALURU-560064.
13. RUKMINIYANUNA
AGED ABOUT 50 YEARS,
W/O SRI B H NARAYASWAMY,
R/O NO.566, 7TH A MAIN, A SECTOR,
YELAHANKA, BENGALURU-560064.
-7-
NC: 2023:KHC:25696
WP No. 16761 of 2022
14. B N PRAVEEN
AGED ABOUT 38 YEARS,
S/O B H NARAYANASWAMY,
R/O NO.566, 7TH A MAIN, A SECTOR,
YELAHANKA, BENGALURU-560064.
15. B N RAKESH
AGED ABOUT 40 YEARS,
S/O B H NARAYANASWAMY,
R/O NO.566, 7TH A MAIN, A SECTOR,
YELAHANKA, BENGALURU-560064.
16. INNOVENT SPACES PRIVATE LIMITED
THROUGH ITS DIRECTOR,
REGD. OFFICE AT GROUND FLOOR, CAREER NET
CAMPUS,
PLOT NO.53, KARIYAMMANA AGRAHARA ROAD,
(NEXT TO INTEL JUNCTION FLYOWER),
FORMED (INCORPORATED) UNDER COMPANIES ACT
DEVARABISANAHALLI, OUTER RING ROAD,
BENGLURU,
KARNATAKA 560103.
EMAIL.RISHI.DAS @INDIQUBE.COM
17. RISHI DAS
DIRECTOR F INNOVENT SPACES PRIVATE LIMITED,
RGD. OFFICE AT PLOT NO.53, CAREER NET CAMPUS,
KARIYAMMANA AGRAHARA ROAD,
(NEXT TO INTEL JUNCTION FLYOVER),
DEVARABISANAHALLI, OUTER RING ROAD,
BENGALURU
KARNATAKA 560103
18. ANSHUMAN DAS
DIRECTOR OF INNOVENT SPACES PRIVATE LIMITED,
RGD. OFFICE AT PLOT NO.53, CAREER NET CAMPUS,
KARIYAMMANA AGRAHARA ROAD,
(NEXT TO INTEL JUNCTION FLYOVER),
DEVARABISANAHALLI, OUTER RING ROAD,
BENGALURU
KARNATAKA 560103
19. MEGHANA AGARWAL
-8-
NC: 2023:KHC:25696
WP No. 16761 of 2022
DIRECTOR OF INNOVENT SPACES PRIVATE LIMITED,
RGD. OFFICE AT PLOT NO.53, CAREER NET CAMPUS,
KARIYAMMANA AGRAHARA ROAD,
(NEXT TO INTEL JUNCTION FLYOVER),
DEVARABISANAHALLI, OUTER RING ROAD,
BENGALURU
KARNATAKA 560103
20. ZAKIR
M/S TOP END REALITY,
AT 19, SECOND FLOOR, INFANTRY ROAD,
BEHIND MEDINOVA
BANGALORE-560001
MAIN BROKER OF M/S VIKRAM STRUCTURES
PRIVATE LIMITED)
21. DISTRICT REGISTRAR
GANDHINAGAR,
NO.8, 2ND AND 3RD FLOOR, BBMP WARD,
NEAR BALAMURI GANAPATHI TEMPLE,
3RD CROSS, TATA NAGAR, KODIGEHALLI,
BENGALURU 560092.
22. THE SUB REGISTRAR,
GANDHINAGAR
3RD AND 4TH FLOOR,
ANNEXURE BUILDING,
BANGALORE D.C.OFFICE COMPOUND,
BANGALORE-560009.
23. THE SUB REGISTRAR
GANGANAGAR NO. 46, 1ST FLOOR,
NEAR SBI BANK, BELLARY MAIN ROAD,
R T NAGAR POST GANGANAGAR,
BANGALORE 560032.
24. THE SUB REGISTRAR HEBBALA
NO.07, 80 FEET ROAD,
H.M.T. LAYOUT, R T NAGAR POST,
BANGALORE-560032.
25. THE SUB REGISTRAR BYATARAYANAPURA
1ST FLOOR, 3RD CROSS, B.B.M.P. WARD NO.8,
-9-
NC: 2023:KHC:25696
WP No. 16761 of 2022
NEAR BALAMURI GANAPATHI TEMPLE
KODIGEHALLI MAIN ROAD,
TATANAGAR
BANGALORE-560092.
26. THE SUB REGISTRAR
HESARAGHATTA H C
PUTTASWAMY LAYOUT, NEAR NEW BUS STAND AND
NEAR NADA KACHERI OFFICE
ADJACENT TO KEB OFFICE,
HESARGHATTA
BANGALORE NORTH TALUK
BANGALORE 560088.
...RESPONDENTS
(BY SRI. B.V. KRISHNA, AGA FOR R1 TO R4 AND R21 TO R26
R5 IS SERVED AND UNREPRESENTED
SRI. G.S. KANNUR, SR. COUNSEL A/W
SRI. DHIRENDRA N. KATTI, ADVOCATE FOR R6 TO R8
SRI. AJITH ANAND SHETTY, ADVOCATE FOR R12 TO R15
SMT. ARCHANA K.M., ADVOCATE FOR R16 TO R19)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO-DIRECT R1 - 4 TO
REGISTER AN FIR ON THE COMPLAINTS DATED 23.04.2022 OF
THE PETITIONER AT ANNEXURE-M TO M17 AND DIRECT
TRANSFER OF INVESTIGATION OF THE CASE TO CENTRAL
BUREAU OF INVESTIGATION
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The short grievance of the petitioners is as to non- registration of the FIR in respect of the offences alleged. Learned counsel for the petitioners places reliance on the judgment of Apex Court in LALITA KUMARI VS.
- 10 -
NC: 2023:KHC:25696 WP No. 16761 of 2022 GOVERNMENT OF UTTAR PRADESH AND OTHERS reported in (2014) 2 SCC 1, in support of his submission.
2. Learned Additional Government Advocate appearing for the respondents opposes the petition contending that whether a particular allegation amounts to offence or not, and whether it merits a registration or not are the questions that pertain to the domain of Investigating Officer and therefore, the writ petition is misconceived.
3. Learned Senior counsel appearing for the contesting respondents also opposes the petition contending that almost a similar matter having been quashed by a Coordinate Bench this Court in Criminal petition No.6230/2020 vide order dated 21.01.2021, one more FIR cannot be registered and therefore, no writ can be issued.
4. Having heard the learned counsel for the parties and having perused the Petition Papers, this Court is inclined to direct the respondent - police to examine the
- 11 -
NC: 2023:KHC:25696 WP No. 16761 of 2022 matter keeping in view the observations of the Hon'ble Apex Court in LALITHA KUMARI (supra). All contentions in that regard are kept open.
Ordered accordingly and Writ Petition is disposed off. It is open to the answering respondent/s to solicit any information/documents from the side of the Petitioners for due consideration of their grievance; however, in the guise of such solicitation no delay shall be brooked.
Now, no costs.
Sd/-
JUDGE SKS