IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.54770/2018 (GM-POLICE) BETWEEN:
KRIPLANI.M, PROPRIETOR, M/S. NEXT GEN TECHNOLOGIES, NO.863, 7TH MAIN, 3RD CROSS, HAL 2ND STAGE, INDIRANAGAR, BENGALURU-560 008.
(BY SRI.B.A.BELLIAPPA, ADV.) AND:
THE SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION-ACB, BELLARY ROAD, BENGALURU-560 032.
(BY SRI.P.PRASANNA KUMAR, ADV.) ... PETITIONER ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO REGISTER THE COMPLAINT U/S 154 OF THE CODE OF CRIMINAL PROCEDURE FORTHWITH AND THEREAFTER INVESTIGATE AND FILE A REPORT UNDER SECTION 173(2) OF THE CODE OF CRIMINAL PROCEDURE AS EXPEDITIOUSLY AS POSSIBLE.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. B. A. Belliappa, learned counsel for petitioner. Sri. P. Prasanna Kumar, learned counsel for respondent.
2. Petition is admitted for hearing. With consent of the parties, same is heard finally.
3. In this petition, the petitioner inter alia has prayed for the following relief:
“Issue a writ in the nature of mandamus, by directing the respondent to register the complaint u/s 154 of the Code of Criminal Procedure forthwith and thereafter investigate and file a report under section 173(2) of the Code of Criminal Procedure as expeditiously as possible.”
4. When the matter was taken up today, learned counsel for the petitioner submitted that the complaint filed by the petitioner discloses commission of cognizable offence. However, respondent has failed to take any action against the complaint.
5. On the other hand, learned counsel for the respondent submits that suitable action in accordance with law shall be taken.
6. In view of the aforesaid submissions and in the facts of the case, respondent is directed to take appropriate action for registration of FIR in view of law laid down by the Supreme Court in the case of ‘LALITA KUMARI VS. GOVERNMENT OF U.P AND OTHERS’, (2014) 2 SCC 1. It is made clear that this Court has not expressed any opinion on the merits of the case. Let the aforesaid action be taken within a period of three weeks from the date of receipt of a certified copy of the order passed today.
Writ petition is accordingly disposed of.
Sd/- JUDGE RD