IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P. NO.38510/2013(GM-POLICE) BETWEEN:
N.M. ACADEMY A REGISTERED TRUST HAVING ITS REGISTERED OFFICE AT # 44 2ND CROSS, VINAYAKA LAYOUT R.M.V., 2ND STAGE, BANGALORE - 94 REPRESENTED HEREIN BY ITS MANAGING TRSUTEE, DR. MAJED A.A. SABHA.
(BY SRI. C.K. NANDAKUMAR, ADVOCATE) AND:
1 . THE JOINT COMMISSIONER OF POLICE, CYBER CRIME DIVISION, BANGALORE – 01.
2 . THE POLICE INSPECTOR SANJAY NAGAR POLICE STATION, BANGALORE – 01.
3 . THE POLICE INSPECTOR BAGALUR MAIN ROAD POLICE STATION, YELAHANKA BANGALORE – 80.
...PETITIONER …RESPONDENTS (BY SMT. SAVITHA T.H, HGCP FOR R-1 TO R-3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 TO 3 TO INVESTIGATE CRIME NO.0336/2012 AND CRIME NO.0149/2012 VIDE ANN-E & G AND FILE REPRT AT THE EARLIEST.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner has sought for a writ of mandamus to respondents-1 to 3 to investigate Crime Nos.336/2012 and 149/2012 for the offences punishable under Section 66A of the Information Technology Act, 2008 against unknown persons contending interalia that jurisdictional police who registered the FIR have not investigated the matter.
2. Learned High Court Government Pleader has made available copy of ‘B’ report dated 16.09.2014 filed before jurisdictional Magistrate by Bagalur police in Crime No.149/2012. She also submits that insofar as Crime No.336/2012 registered by Sanjaynagar police is concerned, similar ‘B’ report had been filed on 17.06.2013.
3. In that view of the matter, nothing survives for consideration in this writ petition. Accordingly, writ petition stands dismissed.
It is made clear that petitioner would be at liberty to take steps in accordance with law if so advised to challenge ‘B’ report.
SD/- JUDGE *sp