IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.50958 OF 2016 (GM-POLICE) BETWEEN:
G DAYANAND REDDY S/O LATE V GOVINDA REDDY AGED ABOUT 58 YEARS RESIDING AT NO.205 AMBLIPURA SARJAPURA ROAD (BEHIND TRINITY WOODS) BENGALURU – 560 103. … PETITIONER (By Mr. P P HEGDE, ADV.) AND:
1. THE STATE OF KARNATAKA HOME DEPARTMENT REPRESENTED BY ITS SECRETARY VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU - 560 001.
2. THE COMMISSIONER OF POLICE BENGALURU CITY NO.1, INFANTRY ROAD, BENGALURU - 560 001.
3. MR. VICTOR SAMUEL AGED ABOUT 50 YEARS INSPECTOR OF POLICE, HSR LAYOUT POLICE STATION, BENGALURU - 560 102. … RESPONDENTS (By Mr. VIJAY KUMAR A PATIL AGA FPR R1 & R2 R3 - SERVED AND UNREPRESENTED) - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the R-1 & 2 register FIR in pursuance of petitioner’s complaint received dtd.27.8.2016 vide Annex-C as per Section 154(1) CR.P.C. for the offences punishable under Sections 143, 147, 148, 427, 447 read with Section 149 of the Indian Penal Code and Under Section 2(A) of the Karnataka prevention of destruction and loss of property Act 1981, and to entrust the investigation to a superior and honest police officer to ensure fair and swift investigation and etc.
This Petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.P.P.Hegde, learned counsel for the petitioner. Sri.Vijay Kumar A.Patil, learned Additional Government Advocate counsel for the respondent Nos.1 and 2.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia has prayed for the following reliefs:
a) Issue a writ of mandamus directing the 1st & 2nd Respondent to register FIR in pursuance of Petitioner’s Complaint received dt 27th Aug 2016 copy of which is marked at Annexure-C as per Section 154(1) Cr.P.C for the offences punishable under Sections 143, 147, 148, 427, 447 read with Section 149 of the Indian Penal Code and under Section 2(a) of the Karnataka Prevention of Destruction and Loss of Property Act 1981, and to entrust the investigation to a superior and honest police officer to ensure fair and swift investigation.
b) Issue a writ of mandamus or other proper orders/directions Directing Respondent No.1 and 2 to submit the report of the investigation from time to time to this Hon’ble Court:
c) Issue a writ of mandamus or such other necessary directions or orders to Respondent No.1 and 2 to immediately to initiate proper disciplinary proceedings against respondent No.3 who is accused in the complaint of the petitioner at Annexure-C and direct Respondent No. 1 and 2 keep Respondent No.3 under Suspension pending further enquiry and investigation of the criminal case;
d) Issue a writ of mandamus or other proper writs or directions, directing the respondents to pay compensation of Rs.10,00,000 (Ten Lakhs) to the Petitioner for infringement of Fundamental rights on account of atrocity committed by respondent No.3 which is as more fully described in the complaint Annexure-C.
e) Issue proper writ or other directions restraining Respondent No.3 from committing any violence or any criminal act against the petitioner, his property or his family members; And f) Grant such further relief as this Hon’ble Court may deem fit to grant under the facts and circumstances of the case and allow this writ petition with cost in the interest of justice and equity.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner be granted liberty to re-submit the complaint submitted by him to the Assistant Commissioner of Police of the concerned jurisdiction and the aforesaid Officer shall be directed to take an action in accordance with law.
5. Learned Additional Government Advocate submits that in case the petitioner again submits such a complaint, suitable action in accordance with law will be taken.
6. In view of the aforesaid submissions and in the facts of the case, the writ petition is disposed of with a direction to the concerned Assistant Commissioner of Police to take an action in accordance with law on the complaint which may be re-submitted by the petitioner to him, in the light of law laid down by the Hon’ble Supreme Court in the case of ‘LALITA KUMARI Vs. GOVT. OF U.P. AND OTHERS’ (2014) 2 SCC 1 within a period of one month from the date of re-submission of the complaint. The petitioner is at liberty to pursue the other reliefs claimed in the petition in accordance with law.
Sd/- JUDGE RV