Sri Siraj vs State Of Karnataka Rep By on 18 December, 2020

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Karnataka High Court

Sri Siraj vs State Of Karnataka Rep By on 18 December, 2020

Bench: P.B. Bajanthri

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 18TH DAY OF DECEMBER, 2020

                           BEFORE

      THE HON'BLE MR.JUSTICE P.B. BAJANTHRI

     WRIT PETITION NO.21600/2015(GM-POLICE)

BETWEEN:

SRI. SIRAJ
S/O IQBAL,
AGED ABOUT 33 YEARS,
R/AT: NO.140, 7TH CROSS,
K.M.COLONY, SIDDAPUR,
BANGALORE CITY.                                 ... PETITIONER

(BY SRI. RAHAMATHULLA SHARIFF, ADVOCATE)

AND:

1.     STATE OF KARNATAKA REP. BY
       THE COMMISSIONER OF POLICE,
       BANGALORE CITY, BANGALORE - 560 001.

2.     THE OFFICE INCHARGE OF
       POLICE STATION, WILSON
       GARDEN POLICE STATION,
       BANGALORE CITY - 560 030               ... RESPONDENTS

(BY SRI. KIRAN KUMAR, HCGP FOR R1 & R2 (MA NOT FILED))

     THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO
FURNISH THE DETAILED INFORMATION WITH REGARD TO AN
ATTEMPTED APREHENSION/INTERROGATION OF THE PETITIONER AND
TO PASS ANY OTHER EQUITABLE ORDER WHICH THIS HON'BLE COURT
MAY DEEM-FIT AND ETC.,
                                     2




     THIS PETITION COMING ON FOR ORDERS PHYSICAL
HEARING/VIDEO CONFERENCING HEARING (OPTIONAL), THIS DAY,
THE COURT MADE THE FOLLOWING:-


                                ORDER

Memo for withdrawal filed by the learned counsel for the petitioner is not pressed.

2. In the instant petition petitioner has prayed for the following relief:

Wherefore it is prayed that this Hon'ble Court may be pleased to pass Writ of Mandamus and direct the 2nd Respondent to furnish the detailed information with regard to an attempted apprehension/interrogation of the Petitioner and to pass any other equitable order which this Hon'ble Court may deem-fit to grant in circumstances of the case in the interest of justice, equity and law and etc.,

3. Prima-facie, relief sought in the present petition is a speculative in nature. Perusal of the affidavit of the Police Inspector, Wilson Garden Police Station, Bengaluru in para No.4 it is stated as under:

I submit that the petitioner was involved in various criminal cases and he has committed robberies in the locality, thus his name was 3 entered in Modus Operandi Bureau (MOB) to keep a watch on his activities.

4. The aforesaid submission is very vague in nature for the reasons that specific criminal cases have not been referred. The respondents are hereby directed to follow the guidelines issued in the case of D.K. Basu Vs. State of West Bengal reported in AIR 1997 SC 601 before taking any action against the petitioner.

With the above observations, writ petition stands disposed of.

Sd/-

JUDGE BS

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