Karnataka High Court
Criminal Procedure and EvidenceAdministrative and Public Law

Police Must Consider the Complaint Under Lalita Kumari Principles Within Three Weeks.

SHANTALINGA SHIVACHARYARU vs THE ADDITIONAL CHIEF SECRETARY

Karnataka High CourtJUDGMENT: October 05, 20262 MIN READSOURCE JUDGMENT
Police Must Consider the Complaint Under Lalita Kumari Principles Within Three Weeks.. SHANTALINGA SHIVACHARYARU vs THE ADDITIONAL CHIEF SECRETARY. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, the head of Sri Shankarlingeshwar Math, Udachan, sought to quash a notice issued by the Afzalpur Police Station and to compel the police to consider his 6 August 2026 complaint and register an FIR against respondents 7–18.

Source reference: p.4-5

At the hearing, the Additional Government Advocate stated that the police would withdraw the notice and that the competent police officer would consider the complaint and take an appropriate decision.

Source reference: p.6
02

Issues

1. Whether the challenge to the police notice remained live after the State submitted that it would be withdrawn.

Source reference: p.6

2. Whether the Court should direct the police to consider the petitioner’s complaint and decide whether to take further action, including registration of an FIR.

Source reference: p.5-7
03

Law Applied

The Court directed the police to consider the complaint in accordance with law, keeping in mind Lalita Kumari v. Government of Uttar Pradesh and Others, (2014) 2 SCC 1.

Source reference: p.7

That precedent governs the police’s duty to act on information disclosing a cognizable offence, including the circumstances in which an FIR must be registered and the limited scope for a preliminary inquiry.

Source reference: p.7
04

Reasoning

Because the State undertook to withdraw the challenged notice, the Court treated the challenge to it as infructuous.

Source reference: p.6

As to the complaint, the State represented that the police would consider it and take an appropriate decision.

Source reference: p.6

The Court accepted that undertaking and directed respondent No. 5 to decide the complaint within three weeks, in accordance with law and with due regard to Lalita Kumari.

Source reference: p.6-7

It did not determine whether the complaint disclosed a cognizable offence or direct that an FIR be registered.

Source reference: p.7
05

Holding

The petition was disposed of.

The challenge to the notice became infructuous following the State’s undertaking to withdraw it; respondent No. 5 was directed to consider the petitioner’s complaint in accordance with law and take a decision within three weeks of receiving a copy of the order, keeping Lalita Kumari in mind.

Source reference: p.6-7

The Court did not order registration of an FIR.

Source reference: p.6-7
Karnataka High Court

Original Court PDF

SHANTALINGA SHIVACHARYARUvsTHE ADDITIONAL CHIEF SECRETARY

Karnataka High Court · October 05, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment