Karnataka High Court
Smt. Shaila P vs Liyakhatali Khan on 30 March, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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WP No. 100853 of 2022
C/W WP No. 101092 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD
BENCH
DATED THIS THE 30TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT
CHANDANGOUDAR
WRIT PETITION NO. 100853 OF 2022 (GM-RES)
C/W
WRIT PETITION NO. 101092 OF 2022
IN W.P.NO.100853/2022
BETWEEN:
1. SMT. SHAILA P.,
AGE. 38 YEARS,
W/O PRAVEEN M.S
#652, 19TH CROSS
R R NAGAR,
BENGALURU-560098.
2. PRAVEEN M. S.,
AGE. 45 YEARS,
S/O ANDAGAR SRINIVAS
#652, 19TH CROSS
R R NAGAR,
BENGALURU-560098.
...PETITIONER'S
(BY SRI U. J. HARIPRASAD AND SRI M. G. MOHAN
AND SRI ANIL K. S., ADVOCATES)
AND:
1. LIYAKHATALI KHAN
AGE. 67 YEARS,
S/O SATTARKHAN KITTUR,
VN
BADIGER
Digitally signed by V
N BADIGER
Location: DHARWAD
Date: 2022.04.10
14:17:39 +0530
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WP No. 100853 of 2022
C/W WP No. 101092 of 2022
U.B.HILL ROAD,
DHARWAD-580001.
2. S.H.O RAJARAJESHWARI NAGAR
POLICE STATION,
BENGALURU-560098.
3. S.H.O. DHARWAD TOWN
POLICE STATION,
DHARWAD-580001
KARNATAKA.
4. THE S.P/ COMMISSIONER OF POLICE
DHARWAD-580001
KARNATAKA.
5. THE DIRECTOR GENERAL
AND INSPECTOR GENERAL OF POLICE,
NRUPTHUNGA ROAD,
BENGALURU-560001.
6. PRINCIPAL SECRETARY
HOME DEPARTMENT,
VIDHAN SOUDHA,
BENGALURU-01
KARNATAKA STATE.
7. CHIEF SECRETARY
VIDHAN SOUDHA,
BENGALURU-01
KARNATAKA STATE.
...RESPONDENT'S
(BY SRI RAMESH CHIGARI, HCGP)
IN W.P.NO.101092/2022
BETWEEN:
1. SMT SHYLA P W/O PRAVEEN M.S.
AGE. 38 YEARS,
R/O. 652, 19TH CROSS,
R R NAGAR, BENGALURU-560098.
2. PRAVEEN M.S. S/O ANDAGAR SRINIVAS
AGE. 45 YEARS,
R/O. 652, 19TH CROSS,
R R NAGAR, BENGALURU-560098.
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WP No. 100853 of 2022
C/W WP No. 101092 of 2022
...PETITIONERS
(BY SRI K S ANIL, ADVOCATE)
AND:
1. LIYAKHATALIKHAN
S/O SATTARKHAN KITTUR
AGE. 67 YEARS,
U.B.HILL ROAD,
DHARWAD-580001.
2. SHO R R NAGAR POLICE STATION,
BENGALURU-560098.
3. SHO, DHARWAD TOWN POLICE STATION,
DHARWAD-580001.
4. THE S.P/COMMISSIONER OF POLICE,
DHARWAD-580001.
5. THE DIRECTOR GENERAL
AND INSPECTOR GENERAL OF POLICE,
2, NRUPTHUNGA ROAD,
BENGALURU-560001.
6. PRINCIPAL SECRETARY
HOME DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU-01.
7. CHIEF SECRETARY,
HOME DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU-01,
KARNATAKA STATE.
...RESPONDENTS
(BY SRI RAMESH CHIGARI, ADVOCATE)
THESE WP ARE FILED UNDER ARTICLES 226 AND 227 R/W
SECTION 482 OF CR.P.C.A AND 151 OF C.P.C. PRAYING THIS COURT
TO ISSUE WRIT OF CERTIORARI TO QUASH ENTIRE PROCEEDING
AND JUDGMENT IN CC-92/2020 DISPOSED BEFORE 3RD
ADDITIONAL CIVIL JUDE AND JMFC, DHARWAD I.E., ANNEXURE-B
AND ETC.,
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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WP No. 100853 of 2022
C/W WP No. 101092 of 2022
ORDER
Learned High Court Government Pleader accepts notice for respondent in both the matter.
The petitioner sought the following prayer:
b. Issue writ of certiorari to quash entire proceeding in C.C.No.220/2020 pending before 2nd ADDITIONAL CIVIL JUDGE AND CJM (JR.DIV) JMFC, DHARWAD, registered in Cr.No.30/2018 , i.e., Annexure-A. c. Issue writ of mandamus to R7 to pay compensation of rupees one crore rupees to petitioners, ie., 50 lakh each and recover same from all errant, for all the misdeeds committed by their authorities considering entire ordeals of the petitioner and victimizing all these years U/S. 357A(2) of Cr.P.C or under provisions of whistle blowers protection act 2011 or any other relevant schemes or policies like Prime Minister's Relief Fund Chief Ministers Relief Fund, Victim Compensation 357 A(2) (Cr.P.C) Scheme etc. -5- WP No. 100853 of 2022 C/W WP No. 101092 of 2022 d. Issue writ of Mandamus to the concerned state/higher officers of the respondents to recover the compensation awarded to the petitioner from the salary, pension, perks etc of the respondents involved in this case.
e. Issue writ in the nature of mandamus to initiate legal proceedings on such respondents whomsoever this Hon'ble Court finds necessary.
f. Issue Writ of Mandamus to R5 and R6 to conduct departmental enquiry against their subordinates and submission of reports about the whole facts stated in this WP.
g. Pass any other order which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice.
h. Call for TCR in CC-92/2020 disposed before 3RD ADDITIONAL CIVIL JUDGE AND JMFC, DHARWAD and in CC-220/2020 pending before 2ND ADDITIONAL CIVIL -6- WP No. 100853 of 2022 C/W WP No. 101092 of 2022 JUDGE AND CJM (JR.DIV) JMFC, DHARWAD registered in Cr.No.30/2018.
i. Call for entire case dairies and records from R2 and R3.
j. Call for action taken reports, for complaints filed by petitioner from state and its authorities.
Writ petitions challenging the judgement convicting the petitioners/accused for the offences punishable under Section 138 of Negotiable Instruments Act is not maintainable, since a remedy of statutory of appeal is provided under Section 374 of Cr.P.C. The petitioners having filed an appeal challenging the judgement of conviction under Section 374 of Cr.P.C., the present petitions are not maintainable. Even the other reliefs are vague and cannot be granted. Accordingly, petition stands dismissed.-7- WP No. 100853 of 2022 C/W WP No. 101092 of 2022
In view of disposal of the matter, pending interlocutory applications, if any, do not survive for consideration and are dismissed accordingly.
Sd/-
JUDGE SSP