Karnataka High Court
Sri Sathish P S vs Director General And on 9 December, 2022
Author: R. Devdas
Bench: R. Devdas
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE R. DEVDAS
WRIT PETITION NO.19201 OF 2021 (GM-POLICE)
BETWEEN:
SRI SATHISH P S
S/O SHASHI
AGED 36 YEARS
R/AT #3, MUTHANA LAYOUT
KARIKERI
GONIKOPPA
SOUTH KODAGU - 571213
...PETITIONER
(BY SRI H.B. UDAY KUMAR, ADVOCATE FOR
SMT. KAVITHA J, ADVOCATE )
AND:
1. DIRECTOR GENERAL AND
INSPECTOR GENERAL OF POLICE
POLICE HEAD QUARTERS
NRUPATHUNGA ROAD
BANGALORE - 01.
2. DEPARTMENT OF HOME
REP BY SECRETARY
VIDHANA SOUDHA
BANGALORE - 01.
3. THE COMMISSIONER OF POLICE
MYSORE CITY
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MIZRA ROAD
MYSORE.
4. THE STATION HOUSE OFFICER
CYBER CRIME POLICE STATION
MIZRA ROAD
MYSORE.
5. SMT. ASHWINI S
D/O SUDDARAMAIAH
AGED 65 YEARS
KRISHNA GARDEN
R.R. NAGAR
BANGALORE - 560 098.
...RESPONDENTS
(BY SRI SHIVANANDA D S, AGA FOR R1 TO R4 &
SRI S.K. VENKATA REDDY, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO DIRECT THE RESPONDENT No.3 AND 4 TO REFRAIN
FROM INTERFERING IN THE CIVIL, FINANCIAL DISPUTE
BETWEEN THE PETITIONER AND THE RESPONDENT No.5
AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
This writ petition is filed on 21.10.2021 with a prayer to direct respondent Nos.3 and 4 to refrain them from -3- interfering in the civil and financial disputes between the petitioner and respondent No.5.
2. By virtue of the order dated 02.12.2021, this Court granted the interim order as prayed for. This would mean that there is a direction to the respondents-Police not to meddle with the civil and financial disputes between the petitioner and respondent No.5, as an interim measure.
3. The learned Additional Government Advocate appearing for respondent Nos.1 to 4 submits that if the petitioner is alleging that he is being harassed at the hands of the respondents-Police, then he is required to approach the District Police Complaints Authority invoking the provisions of Section 20-D of the Karnataka Police Act, 1963 (for short 'the said Act of 1963').
4. As rightly pointed by the learned Additional Government Advocate, a separate mechanism has been created under Section 20-D of the said Act of 1963, more -4- particularly, sub-Section (8) under which, the District Police Complaints Authority is vested with the powers to enquire into any misconduct or abuse of power by or against the Police Authorities. The Authority is empowered to investigate any case itself or ask any other agency to investigate and submit a report. The Authority is also required to submit its report to the competent Disciplinary Authority for appropriate action against the accused officers. If it is found that the allegations are against a police officer above the rank of Deputy Superintendent of Police, then the District Police Complaints Authority is required to forward the complaint to the State Complaints Authority for further action. That being the position, since the petitioner is protected by the interim order passed by this Court and a submission is made on behalf of the respondents-Police that any action, if required to be taken against the petitioner, shall be taken in accordance with law, the writ petition is required to be disposed of. -5-
5. Accordingly, the writ petition stands disposed of while directing the respondents-Police that if at all any action is required to be taken against the petitioner, they shall do so only in accordance with law. The petitioner is also at liberty to approach the District Police Complaints Authority invoking the provisions under Section 20-D of the said Act of 1963 or any other provision of law for seeking remedy for misconduct or any abuse of power by the Police Officers. Ordered accordingly.
Sd/-
JUDGE KPS