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IN THE HIGH COURT OF DHARWAD BENCH DATED THIS THE 9 TH DAY OF DECEMBER, 2014

BEFORE

THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY

WRIT PETITION NOS. 112088/2014 & 112248/2014 (GM-POLICE)

BETWEEN:

1. Anand, S/o. Laxman Shilpi, Age: 30 Years, Occupation: Administrator, Shri Sharan Basaveswar Vidhya Vardak Sangh, Kerur, Kerur, Taluk: , District:

2. Laxman S/o. Bhimappa Shilpi Age: 70 Years, Occupation: President, Shri Sharan Basaveswar Vidhya Vardak Sangh, Kerur, Kerur, Taluk: Badami, District: Bagalkot ... PETITIONERS

(By Sri. Shivaraj P. , Advocate)

AND:

1. The Inspector General Of Police, North Division, Belgaum District: Belgaum 2

2. The Deputy Superintendent Of Police Bagalkot, District: Bagalkot

3. The Deputy Superintendent Of Police Bagalkot, District: Bagalkot

4. V P Jagali Age: 59 years, Occupation: Deputy Superintendent Of Police, Bagalkot, R/o. Bagalkot, District: Bagalkot

5. The Police Sub Inspector Kerur, Taluk: Badami, District: Bagalkot

6. Mallappa S/o Hulagappa Waddar Age: 40 years, Occupation: Civil Contractor, R/o. Kerur, Taluk: Badami, District: Bagalkot

7. Mallappa, S/o Yallappa Mallad Age: 60 years, Occupation: Agriculture, R/o. Kerur, Taluk:Badami, District: Bagalkot

8. Pandu, S/o Huagappa Pujar Age: 40 years, Occupation: Goundi, R/o. Kerur, Taluk: Badami, Dist: Bagalkot

9. Durgappa S/o Duragappa Bandiwaddar Age: 42 years, Occupation: dismissed employee of village assistant, R/o. Kerur, Taluk: Badami, District: Bagalkot 3

10. Lava S/o Hanumanthppa Bandiwaddar Age: 41 Years,Occupation: Goundi, R/o. Kerur, Taluk: Badami, District: Bagalkot

11. Narayan S/o Ramanna Waddar Age: 40 years, Occupation: Goundi, R/o. Kerur,Taluk: Badami, District: Bagalkot

12. Ganesh S/o Shetteppa Badami Age: 42 years, Occupation: Goundi, R/o. Halageri, Kerur, Taluk: Badami, District: Bagalkot

13. Krishnappa S/o Ramanna Waddar Age: 43 years, Occupation: Goundi, R/o. Kerur, Taluk: Badami, District: Bagalkot

14. Tammamagouda S/o Siddangaouda Patil Age: 52 years, Occupation: not known, R/o. Gaddanakeri, Taluk: Bagalkot, District: Bagalkot

15. Shrishail S/o Shiriyappa Dhannur Age: 53 years, Occupation: dismissed employee, R/o. Hosur, now at Kerur, Bagalkot, District: bagalkot

16. Pramod S/o Manohar Mualik Desai Age: 45 years, Occupation: dismissed employee, R/o. Vidyagiri, Bagalkot, District: Bagalkot 4

17. Smt.R A Makhandar Age: 40 years, Occupation: Asst.Teacher, R/o. Kerur, Taluk: Badami, District: Bagalkot

18. Dadasab S/o Gaibusab Kalaburgi Age: 45 years, Occupation: Peon, R/o. Kerur, Taluk: Badami, District: Bagalkot ... RESPONDENTS

(By Smt. Vidyavathi, Additional Government Advocate for R1 to R5) ----

These writ petitions are filed under Articles 226 and 227 of the Constitution of praying to direct the respondent No.1 to 5 to arrest the respondent Nos.6 to 18 in Kerur Crime No.103/2014 Tq:Badami, Dist:Bagalkot and take action in accordance with law by considering the complaint dated 19.08.2014 vide Annexure-A and FIR vide Annexure-B and representation dated 03.11.2014 vide Annexure-C and 17.11.2014 vide Annexure-D and 22.11.2014 vide Annexure- E and etc.

These petitions coming on for Preliminary Hearing this day, the Court made the following:

ORDER

Heard the learned Counsel for the petitioners. 5

2. It is the grievance of petitioners that, when they were preparing for the independence day celebrations on

14.08.2014, it transpires that a rival group, which claims to be in the management of the institutions run by the petitioners, suddenly descended on them and assaulted them with deadly weapons causing injuries and the petitioners were hospitalised on account of the injuries sustained. On their complaint to the police, a case has been registered against the respondents 6 to 18 for the offences punishable under several provisions of the

Indian Penal Code, 1860, which are all cognizable offences. However, in spite of a specific complaint that the respondents 3 to 5 in active collusion with respondents 6 to 18 had carried out the attack, no action has been taken against them. Insofar as the accusation against respondent No.4 in particular is concerned, the petitioners have approached the higher authorities, namely, respondents 1 and 2 in this regard 6

and even then no action has been taken. Therefore, the present petitions.

3. Since the petitioners have not exhausted their remedies in approaching the jurisdictional Magistrate in this regard, there is no warrant to interfere in the proceedings. Though it may be well within the power of this Court to issue notice to the respondents and to enquire into the matter, the petitioners would do well to approach the jurisdictional Magistrate, if no action has been taken against the respondents 6 to 18 and respondent No.4 in particular, and to proceed in accordance with law.

The petitions are accordingly disposed of without prejudice to the case of the petitioners.

Sd/- JUDGE gab/-