IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.29291 OF 2019 (GM - POLICE) BETWEEN:
Dr.R.Das Moses, S/o M.Rajarathnam, Aged about 58 years, Residing at No.439, Kasaba Hobli, Near Bannur – Mysore Road, Mysuru – 570 028.
… Petitioner (By Sri. George Lazarus R, Advocate) AND:
1. State of Karnataka, Home Department, Vidhana Soudha, Bengaluru – 560 001.
Represented by its Secretary.
2. The Superintendent of Police, Anticorruption Bureau Police Station, Mysuru – 570 028.
3. The Deputy Superintendent Of Police, Anticorruption Bureau Of Police Station, Mandya District, Mandya – 571 430.
4. Dr.C.Nagaraju, Principal, Shanti Arts, Science and Commerce College, Malavalli Taluk, Mandya District – 571 430.
5. Sri.M.H.Kempaiah, Secretary, Shanti Education Society, Malavalli Taluk, Mandya District – 571 430.
… Respondents (By Sri. B. Balakrishna, AGA for R1;
Sri. B. N. Jagadeesha, Spl. P.P., for R2 and R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the R-2 to Register FIR against the R-4 and 5 under Sections 7 & 7-A of the Prevention of Corruption (Amendment) Act, 2018 in accordance with law.
This Writ Petition coming on for Orders, this day, the Court made the following:-
ORDER Sri. George Lazarus R., learned counsel for the petitioner.
Sri. B. Balakrishna, learned Additional Government Advocate for respondent No.1.
Sri. B. N. Jagadeesha, learned Special Public Prosecutor for respondent Nos.2 and 3.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia has prayed for the following relief:
“a) Issue a writ in the nature of mandamus directing the 2nd respondent to register FIR against the 4th and 5th respondents under Section 7 & 7-A of the Prevention of Corruption (Amendment) Act, 2018 in accordance with law.”
3. When the matter was taken up today, learned counsel for the petitioner submitted that the complaint filed by the petitioner is pending before respondent No.3 since 04.05.2019 and the aforesaid authority be directed to take appropriate decision on the complaint, which has been filed by the petitioner within a stipulated time.
4. On the other hand, learned counsel for the respondent submits that suitable action in accordance with law shall be taken.
5. In view of submission made and in the facts of the case, the petition is disposed of with a direction to the competent authority to take action on the complaint filed by the petitioner within a period of two weeks from the date of receipt of certified copy of the order passed today.
6. It is made clear that this Court has not expressed any opinion on the merits of the case.
7. Accordingly, the petition is disposed of.
Sd/- JUDGE Mds/-