IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION NO.18148 OF 2019 (GM-RES) PIL BETWEEN:
MALLIKARJUNA A S/O ALEGOWDA AGED 37 YEARS N.S.ROAD, CHELUR GUBBI, TUMKUR-572 117 PH-9731601212 ... PETITIONER (BY SRI MALLIKARJUNA A., PARTY-IN-PERSON) AND:
1. THE OFFICE OF ELECTION ELECTORAL OFFICER NIRVACHAN NILAYA, MAHARANIS COLLEGE CIRCLE, SHESHADRI ROAD, BENGALURU-560 001 REPRESENTED BY THE CHIEF ELECTORAL OFFICER 2. THE HOME DEPARTMENT OF KARNATAKA VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560 001 REPRESENTED BY ADDITIONAL CHIEF SECRETARY 3. THE OFFICE OF DIRECTOR GENERAL AND INSPECTOR GENERAL OF KARNATAKA POLICE NRUPATHUNGA ROAD, BENGALURU-560001 REPRESENTED BY THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF KARNATAKA POLICE 4. TV9 KARNATAKA NO.13, RHENIUS STREET, RICHMOND TOWN, CIVIL STATION, BANGALORE-560025 REPRESENTED BY ITS CHIEF EDITOR 5. SUVARNA NEWS 24X7 NO.36, CRESENT ROAD, OPPOSITE MALLIGE HOSPITAL BENGALURU, KARNATAKA-560 001 REPRESENTED BY ITS CHIEF EDITOR 6. PUBLIC TV NO.18, TUMKUR MAIN ROAD, AMBEDKAR NAGAR, YESWANTHAPUR, BENGALURU, KARNATAKA-560022 REPRESENTED BY ITS CHIEF EDITOR 7. NEWS 18 KANNADA 4TH FLOOR, SILVER JUBILEE ROAD, CSI COMPOUND, UNITY BUILDING, 3RD CROSS, MISSION ROAD, BENGALURU-560027 REPRESENTED BY ITS CHIEF EDITOR 8. TV5 KANNADA PLOT NO.129, RAILWAY PARALLEL ROAD, KUMARA PARK WEST, SHESHADRI PURAM, BENGALURU-560020 REPRESENTED BY ITS CHIEF EDITOR 9. RAJ NEWS KANNADA NO.16/1, KKMP, MILLAR TANK BUND ROAD, VASANTH NAGAR, CUNNIGHAM ROAD, BANGALORE-560052 REPRESENTED BY ITS CHIEF EDITOR 10. DIGHVIJAY NEWS NO.131/3, LALBAGH ROAD, BANGALORE-560027 REPRESENTED BY ITS CHIEF EDITOR 11. NEWS X KANNADA 9/7, YAMUNA BAL ROAD, MADHAVA NAGAR, GANDHI NAGAR, BENGALURU-560 001 REPRESENTED BY ITS CHIEF EDITOR ... RESPONDENTS (BY SRI D. NAGARAJ, AGA FOR R1 TO R3) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 AND 2 TO TAKE ALL STRINGENT STEPS AS PER LAW, TO SEE THAT FREE AND FAIR ELECTIONS ARE CONDUCTED IN THE STATE AND VOTERS ARE ASSURED OF FREE ENVIRONMENT OF VOTING IN THE ONGOING LOK SABHA ELECTIONS AND THE ELECTION OFFICERS WILL BE FREE TO DISCHARGE THEIR DUTIES OF ELECTIONS WITHOUT ANY THREAT BY ANY INDIVIDUAL OR GROUPS AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S. DINESH KUMAR J., MADE THE FOLLOWING:
ORDER This petition is presented in public interest with a prayer inter alia to direct respondents No.1 and 2 to take stringent steps to see that free and fair elections are conducted.
2. Shri Mallikarjuna A., party-in-person, submits that media has reported certain statements given by the Chief Minister and such statements entail criminal prosecution. He has approached respondent No.3 – Director General of Police with his complaint and the Director General of Police has not entertained the same. Accordingly, he prays that appropriate directions be issued to the Police to register an FIR.
3. So far as the first prayer with regard to conducting of elections is concerned, the elections are already over. So far as the prayer for issue of direction to the Police to register an FIR is concerned, the entire basis upon which the party-in-person is seeking to initiate prosecution is certain information printed in newspaper and social media.
4. Having carefully considered the submissions of petitioner and having perused the records, we find that this petition is misconceived. An aggrieved person has appropriate remedy under Code of Criminal Procedure. Hence, no case is made out to issue any directions to the Police to register an FIR.
Resultantly this petition fails and it is accordingly dismissed.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca