IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NO.47633/2018 (GM-RES) BETWEEN:
MR. ABHISHEK DHORELIYA S/O MR. NRIPENDRA KUMAR DHORELIYA AGED ABOUT 40 YEARS OCC: FOUNDER & CEO M/S MARKSCAN R/AT D 266, DEFENCE COLONY NEW DELHI – 110 024.
(BY SRI. SANJEEV SAHAY ON BEHALF OF ... PETITIONER SRI. SIDDHARTH B MUCHANDI., ADVOCATE) AND:
1. STATE OF KARNATAKA BY THE POLICE OF KAMAKSHIPALYA POLICE STATION, MAGADI MAIN ROAD BANGALORE – 560 079 (PREVIOUSLY VIJAYANAGAR P.S.) NOW BEING INVESTIGATED BY THE CYBER CRIME POLICE STATION CID ANNEX BUILDING CARLTON HOUSE, # 1 PALACE ROAD BANGALORE – 560 001.
2. JERRY JOSEPH S/O JOSEPH MAJOR IN AGE AT: AIPLEX SOFTWARE PVT. LTD., NO.2493/E 1ST FLOOR SERVICE ROAD, VIJAYANAGAR BANGALORE – 560 040.
(BY SRI. S. RACHAIAH., HCGP) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-1 POLICE IN CRIME NO.493/2016, TO CONCLUDE THE INVESTIGATION EXPEDITIOUSLY AND SUBMIT THE FINAL REPORT IN A TIME BOUND MANNER I.E., WITHIN 1 MONTH HEREOF, VIDE ANENXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Though matter is listed for preliminary hearing, prayer sought for in the petition relates to direction being issued to respondent No.1 to expedite the investigation and to submit final report. Hence, it is taken up for final disposal by dispensing with notice to respondent No.2, since no order adverse to the interest of respondent No.2 is being passed.
2. Complaint which came to be filed on 21.09.2016 by second respondent has resulted in FIR being registered in Crime No.493/2016 for the offence punishable under Section 420 IPC r/w Section 66(C) of Information and Technology Act, 2008 against accused persons. Said proceedings is now said to be pending on the file of I Additional Chief Metropolitan Magistrate, Bangalore.
3. Petitioner herein is arraigned as accused No.3 and grievance of the petitioner is that though FIR came to be registered in the year 2016, yet investigation has not been completed and final report has not been submitted by jurisdictional police and thereby petitioner is put to untold hardship and he is forced to undergo the ordeal of appearing before Investigating Officer every now and then without any fruitful result and as such petitioner is seeking for a writ of mandamus being issued to first respondent to expedite the investigation.
4. Sri. Sanjeev Sahay, learned Advocate appearing on behalf of Sri.Siddharth B. Muchandi for petitioner would reiterate the grounds urged in the petition and seeks for suitable direction being issued to first respondent.
5. At this juncture, Sri. S. Rachaiah, learned HCGP appearing for first respondent-State would submit that investigation is on the verge of completion and if some breathing time is granted to police, final report would be filed before jurisdictional Court. His submission is placed on record.
6. Taking into consideration that investigation was commenced based on the FIR registered in Crime No.493/2016 on 21.09.2016 and also the fact that investigation is said to have come to an end, it would suffice if a writ of mandamus is issued to first respondent to conclude the investigation and file final report within a time frame.
Hence, I proceed to pass the following ORDER (i) Writ petition allowed in part.
(ii) First respondent is directed to conclude the investigation in Crime No.493/2016 expeditiously if not already concluded and shall submit final report before jurisdictional Court, at any rate, within an outer limit of one month from the date of receipt of copy of this order.
(iii) In the event of charge sheet being not filed within the time frame fixed by this Court, petitioner would be at liberty to revive this petition.
Ordered accordingly.
SD/- JUDGE RU