IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR W.P.NO.6198/2019 (GM-RES) BETWEEN:
MR. K. SEETHARAMAN S/O N. KOTHANDARAMAN AGED ABOUT 50 YEARS R/AT NO. 824, 3RD A CROSS I BLOCK, HRBR LAYOUT BENGALURU - 560 043.
... PETITIONER (BY SRI. SHARATH S GOWDA., ADVOCATE) AND:
1. DR. SHANTHA KUMARI W/O G. CHANDRASHEKAR AGED ABOUT 38 YEARS R/AT NO.1090, 9TH G MAIN 6TH CROSS, PRAKASH NAGAR BENGALURU - 560 021.
2. G. DHANASHEKAR S/O MR. P.A. GANESH AGED ABOUT 47 YEARS R/AT NO. 1090, 9TH G MAIN 6TH CROSS, PRAKASH NAGAR BENGALURU - 560 021.
3. K. CHANDRAMATHI W/O LATE K. CHANDRASHEKAR NAIK AGED ABOUT 56 YEARS R/AT NO.9TH A MAIN HRBR LAYOUT, 1ST BPCL KALYAN NAGAR BENGALURU - 560 043.
4. CHETHAN NAIK S/O LATE K. CHANDRASHEKAR NAIK AGED ABOUT 56 YEARS R/AT NO.9TH A MAIN HRBR LAYOUT, 1ST BLOCK KALYAN NAGAR BENGALURU - 560 043.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE XITH ADDL. CHIEF METROPOLITAN MAGISTRATE, BANGALORE (MAYOHALL) TO PASS APPROPRIATE ORDERS ON A PRIVATE COMPLAINT FILED BY THE PETITIONER UNDER SECTION 200 OF CR.P.C. IN PCR NO. 50409/2017 VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Notice to respondents stands dispensed with since proceeding before trial Court is still at the stage of orders being passed on the complaint filed by the petitioner.
2. Only prayer sought for in the petition is for a writ of mandamus being issued to 11th Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru to pass orders on the private complaint filed by petitioner under Section 200 Cr.P.C. registered in PCR No. 50409/2017 – Annexure-A.
3. Having heard Sri Sharath S Gowda, learned Advocate appearing for petitioner and on perusal of the records, it would disclose that petitioner has filed a complaint under Section 200 Cr.P.C. before the learned Magistrate with a prayer to take cognizance of the offences punishable under Sections 418, 420, 422, 423, 120B, 504 and 506 read with Section 34 IPC. Sworn statement in part came to be recorded on 07.09.2017 and further sworn statement came to be recorded on 18.11.2017. In fact, petitioner’s counsel addressed arguments on 06.01.2018 and thereafter, matter has been adjourned from time to time. No reasons are forthcoming from the order sheet as to why matter has been adjourned. In view of the fact that petition has been filed on 31.01.2017 and till 17.12.2018 no orders have been passed, it would suffice if a direction is issued to the jurisdictional Magistrate to pass orders thereon.
4. Hence, I proceed to pass the following:
ORDER (i) Writ petition is allowed.
(ii) Writ of mandamus is issued to 11th Additional Chief Metropolitan Magistrate (Mayo Hall), Bengaluru to pass appropriate and suitable orders on the complaint filed by petitioner under Section 200 Cr.P.C. in PCR No.50409/2017 expeditiously, at any rate, within two weeks from the date of receipt of certified copy of this order.
SD/-
JUDGE *sp