IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE B. VEERAPPA WRIT PETITION No.20442 OF 2012 (GM-KLA) BETWEEN THE NATIONAL TECHNOLOGICAL INSTITUTIONS HOUSING CO-OPERATIVE SOCIETY LTD., NO.G-5, PALACE ORCHARD APARTMENT, NO.51, 6TH CROSS, 9TH MAIN ROAD, R.M.V. EXTENSION, BANGALORE-560080 BY ITS SECRETARY R.PRAKASH ... PETITIONER (By Sri S G BHAGAVAN, ADV.) AND 1.THE LOKAYUKTA MULTI STORIED BUILDINGS BANGALORE-560001 2.N.G. SHIVASHANKAR(DELTED V/O DATED 29.06.2012) POLICE INSPECTOR -13, KARNATAKA LOKAYUKTA CITY POLICE DIVISION, BANGALORE-560001 3.N. RAMANJINAPPA S/O LATE NARAYANAPPA, MAJOR NO.1253, 9TH CROSS ROAD, R.K. HEGDE NAGAR, S.K. NAGAR POST, BANGALORE-560077 ... RESPONDENTS (By Sri VENKATESH S ARABATTI, ADV. FOR R1 AND R2 NOTICE TO R3 IS HELD SUFFICIENT V/O. DATED 17.07.2014 ) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE POLICE NOTICE DATED 16.04.2012 EMANATING FROM AND ISSUED TO IT BY THE R2 VIDE ANNX-B.
THIS WRIT PETITION COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has filed the present writ petition for a writ of certiorari to quash the police notice dated 16.04.2012 in No.Petition/P-I-13/06/2012 as per Annexure-“B”.
2. Learned counsel for the petitioner mainly contended that the impugned notice issued by the second respondent is in utter violation of the provisions of Rule 4 of the Karnataka Lokayuktha Rules, 1985.
3. Sri. Venkatesh S. Arabatti, learned counsel for respondents 1 and 2 on instructions submits that since this Court has not passed any interim order, the authorities have proceeded with the enquiry initiated and report has already been filed. The said submission is placed on record.
4. In view of the above, the prayer sought for does not survive for consideration. Accordingly, the writ petition is dismissed as having become infructuous.
5. However, it is always open for the petitioner to challenge the report, if any, if he is aggrieved, in accordance with law.
Sd/-
JUDGE *alb/-