IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.9369-72 OF 2013 (GM-POLICE) BETWEEN:
1. KARNATAKA STATE JEWELLERY TRADERS AND WORKERS ASSOCIATION’S FEDERATION NO.16/2, 3RD FLOOR, 11TH CROSS CUBBONPET, OPP TO AYYAPPA TEMPLE BANGALORE-560 002 REP. BY PRESIDENT DR.B.RAMACHARY S/O LATE BADRACHAR AGED ABOUT 40 YEARS NO.16/2, 3RD FLOOR, 11TH CROSS CUBBONPET, OPP. TO AYYAPPA TEMPLE BENGALURU-560 002 2. SRI OMPRAKASH S/O LATE MANGAL RAMJI AGED ABOUT 32 YEARS SRI RAMDEV PAN BROKERS AND JWELLERS NO.14, MANDAVADI ROAD BACKSIDE KAVERI GRAMEENA BANK SRIRAMPURA, MYSORE-570 008 3. SRI RAJU RAM S/O LATE MANGAL RAMJI AGED ABOUT 25 YEARS SRI RAMDEV PAN BROKERS AND JWELLERS NO.14, MANDAVADI ROAD BACKSIDE KAVERI GRAMEENA BANK SRIRAMPURA, MYSORE-570 008 4. SRI A.R.S.BABU GEN. SECRETARY K.S.J.T. AND W.A.F.
S/O LATE A.R.SUBRAMANYACHAR AGED ABOUT 38 YEARS NO.16/2, 3RD FLOOR, 11TH CROSS CUBBONPET, OPP. TO AYYAPPA TEMPLE BANGALORE-560 002 … PETITIONERS (BY MR.JAGADEESH.A.PATIL, ADV.) AND:
1. THE SECRETARY HOME DEPARTMENT VIDHANASOUDHA AMBEDKAR VEEDHI BANGALORE-560 001 2. THE CHAIRMAN HUMAN RIGHTS COMMISSION BANGALORE M.S.BUILDING, AMBEDKAR VEEDHI BANGALORE-560 001 3. THE COMMISSIONER OF POLICE AT MYSORE-570 001 4. SRI HARISH KUMAR SHO, VIDYARANYAPURAM POLICE MYSORE-570 001 5. SRI PRABHUSWAMY ASI VIDYARANYAPURAM POLICE MYSORE-570 001 … RESPONDENTS (BY MR.VIJAYKUMAR A PATIL, ADDITIONAL GOVERNMENT ADVOCATE FOR R-1 & R-3 SRI VI VINAY GIRI, ADV. FOR R-2 SMT.M.R.MAMATHA, ADV. FOR R-4 V/O DATED: 14.09.2015) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT BY ENTRUSTING THE INVESTIGATION TO THE CBI INVESTIGATION REGARDING WHOLE OF THE INCIDENT IN REGARD TO ILLEGAL DETENTION AND TORTURE BY THE R-4 AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Jagadeesh A.Patil, learned counsel for the petitioners.
Mr.Vijaykumar A.Patil, learned Additional Government Advocate for respondent Nos.1 and 3.
Mr.V.Vinay Giri, learned counsel for respondent No.2.
Smt.M.R.Mamatha, learned counsel for respondent No.4.
2. The writ petitions are admitted for hearing.
With consent of the learned counsel for the parties, the same are heard finally.
3. When the matters were taken up today, learned Additional Government Advocate submitted that a direction is sought for by the petitioners for issuance of writ of mandamus to the Investigating Agency cannot be granted as no crime has been registered. The aforesaid submission is taken on record.
4. In view of the aforesaid submissions and in the facts of the case, nothing remains for adjudication in this writ petitions.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE SS