IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.55160-61 OF 2018 AND 56954-971 OF 2018 (GM-RES) BETWEEN:
1. NAFEES PASHA S/O AKBAR ALI, AGED ABOUT 38 YEARS, R/A #49/4, 3RD FLOOR 1ST MAIN, 8TH CROSS, NEW GURAPPANA PALYA, B.G.ROAD, BANGALORE-560029.
2. MOHAMMED ZAHEER UL HAQ S/O GM ZIA, AGED ABOUT 62 YEARS, R/A NO.34 SYED ABDUR RAHIMAN MAIN ROAD, UDAYAGIRI 2ND STAGE, MYSORE-570019.
3. INZMAN UL HAQ ZAHEER S/O MD ZHAEER UL HAQ, AGED ABOUT 26 YEARS, R/A NO.34 SYED ABDUR RAHIMAN MAIN ROAD, UDAYAGIRI 2ND STAGE, MYSORE-570019.
4. SAIRA BHANU W/O MOHAMMED ZHAEER UL HAQ, AGED ABOUT 58 YEARS, R/A NO.34 SYED ABDUR RAHIMAN MAIN ROAD, UDAYAGIRI 2ND STAGE, MYSORE-570019.
5. SHAHUR REHAMAN S/O SIRAJUL HASSAN, AGED ABOUT 52 YEARS, R/A NO.LIC 69, CITB 12TH CROSS, UDAYGIRI, MYSORE 570019.
6. UMEERA NISHATH W/O SHAHABUR REHMAN, AGED ABOUT 45 YEARS, R/A NO.LIC 69, 12TH CROSS, UDAYGIRI, MYSORE 570019.
7. SIRAJUL HASAN S/O LAT HAFFER MOHIYADDIN, AGED ABOUT 80 YEARS, R/A NO.LIC 69, 12TH CROSS, UDAYGIRI, MYSORE 570019.
8. NAHID TABASSUM W/O SHAHBUR RAHAMAN, MAJOR, AREHALLI, BELLUR-573101.
9. MOHAMMED RIYAS PASHA S/O MD AIJIZ PASHA, AGED ABOUT 27 YEARS, R/A NO.277, 3RD MAIN, 2ND STAGE, RAJIV NAGAR, MYSORE-570019.
10. MOHAMMED ILYES PASHA S/O MD AIJIZ PASHA, R/A NO.277, 3RD MAIN, 2ND STAGE, RAJIV NAGAR, MYSORE 570019.
11. MOMINA NASREEN D/O MD MUJEEB, AGED ABOUT 33 YEARS, R/A NO.2818, 4TH CROSS, SWADAY ROAD, MANDI MOHALLA, MYSORE-570021.
12. MOHAMMED SIBGATH S/O MD BASHEER, AGED ABOUT 30 YEARS, R/A NO.277, 3RD MAIN, 2ND STAGE, RAJIV NAGAR, MYSORE-570019.
13. MUSHEER AHAMED S/O LATE BASHEER AHAMED, AGED ABOUT 46 YEARS, R/A NO.133/A, MIG-2, 4TH CROSS, KHB COLONY UDAYAGIRI, MYSORE-5870019.
14. BIBI KHATEJA W/O MUSHEER AHAMEED, AGED ABOUT 38 YEARS, R/A NO.133/A, MIG-2, 4TH CROSS, KHB COLONY UDAYAGIRI, MYSORE-5870019.
15. AYESHA BEEBI W/O SYED KHALEEL ULLA, AGED ABOUT 34 YEARS, R/A NO.22/281, DIVISION ROAD, JM MOHALLA, CHAMARAJA NAGAR-571 313.
16. ABDUL WASEEM S/O LATE ABDUL JABBAR, R/A 22/281, DIVIATION ROAD, J.M.MOHALLA, CHAMARAJANAGAR-571 313.
17. SIRAJ BAIG S/O AZEEZ, AGED ABOUT 35 YEARS, R/A 187/1, 9TH CROSS, BEHIND AMMAR MASJID, SHANTHI NAGAR, MYSORE-570 019.
18. SYEDA W/O ASLAM AHAMED AGE: MAJOR R/A NO.565, 7TH CROSS, 2ND STAGE, RAJIV NAGAR, MYSORE – 570019.
19. RUHEENA ABBASEE W/O ASLAM AHMED, AGED ABOUT 46 YEARS, R/A NO.9, 1ST FLOOR, KHB ROAD R.T NAGAR, BANGALORE.
20. ROSHNI HUSSAIN W/O NAFEES PASHA, AGED ABOUT 32 YEARS, R/AT # 49/4, 3RD FLOOR 1ST MAIN, 8TH CROSS, NEW GURAPPANA PALYA, B G ROAD, BANGALORE-560 029.
(By MR.S AMRUTH CHOWDHARY, ADV.) AND:
1. STATE OF KARNATAKA RERESENTED BY HOME DEPARTMENT, VIDHANA SOUDHA, AMBEDKAR ROAD, BANGALORE-560 001.
2. INVESTIGATION OFFICER UDAYGIRI POLICE STATION, DEVRAJA SUB-DIVISION, MYSORE- 577001.
3. CENTRAL BUREAU OF INVESTIGATION REPRESENTED BY ITS DIRECTOR NO.36,BELLARY ROAD, DEENA BANK COLONY, GANGA NAGAR, BANGALORE-560 032.
… PETITIONERS 4. M/S AMBIDENT MARKETING PVT LTD REPRESENTED BY ITS MANAGING DIRECTOR, REGISTERED OFFICE NO.9/A, 1ST FLOOR, KHB MAIN ROAD, KANAKA NAGAR, R.T NAGAR PO, BANGALORE-560 032.
5. SYED FAREED AHMED S/O DS JALA UDDIN, MAJOR, NO.10/1, 7TH CROSS ANWAR LAYOUT, VENKATASHPURA, BANGALORE-560 045.
6. IRFAN MIRZA MAJOR, NO.10/1,7TH CROSS ANWAR LAYOUT, VENKATASHPURA, BANGALORE-560 045 7. KHIZAR MAJOR, NO.836,3RD CROSS, RAJIV NAGAR, MYSORE-570 019.
8. RAJ MALAYA & ASSOCIATES NO.91,3RD CROSS, SRIRAMPURA, BANGALORE-560 021.
… RESPONDENTS (By MR. Y D HARSHA, AGA FOR R1 & R2 MR. PRASANNA KUMAR, ADV. FOR R3 MR. ARAVIND V CHAVAN, ADV. FOR R8) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 UDAYGIRI POLICE IN MYSORE TO HAND OVER THE ENTIRE INVESTIGATION TO R-3 CBI TO CONDUCT THE INVESTIGATION AGAINST THE R-4 TO 8 IN CRIME NO.0228/2018 DATED 09.06.2018, PCR 1177/2018 PENDING BEFORE II ADDITIONAL CIVIL JUDGE (JR DN) & JMFC AT ANNEXURE-D-D2, MYSORE FOR THE OFFENCES PUNISHABLE U/S 405, 417, 420, 425, 422, 423 R/W 34 OF IPC , AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.S.Amruth Chowdhary, learned counsel for the petitioners.
Sri.Y.D.Harsha, learned Additional Government Advocate for the respondent Nos.1 and 2.
Sri.Prasanna Kumar, learned counsel for the respondent No.3 Sri.Aravind V.Chavan, learned counsel for the respondent No.8.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioners inter alia seek for a direction to the respondent No.2 Udaygiri Police in Mysore to hand over the entire investigation to R-3 Central Bureau of Investigation to conduct the investigation against respondent Nos.4 to 8 in Crime No.0228/2018 dated 09.06.2018, PCR 1177/2018 pending before II Additional Civil Judge (Jr Dn) and JMFC at Annexures-D to D2, Mysore for the offences punishable under Sections 405, 417, 420, 425, 422, 423 read with 34 of the Indian Penal Code, 1860.
4. After hearing the learned counsel for the parties and in view of the facts of the case, I deem it appropriate to dispose of the petitions with liberty to the petitioners to make a representation with regard to their grievance to the competent authority. Needless to state that if such a representation is made, the competent authority shall decide the same within four months from the date of receipt of such representation by a speaking order in accordance with law. With regard to the other relief which has been claimed by the petitioners, the petitioners are at liberty to take recourse to such remedy as may be available to them under the law. It is made clear that this Court has not expressed any opinion on the merits.
Accordingly, the petitions are disposed of.
Sd/- JUDGE RV