THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19th DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.15636 OF 2019 (GM-POLICE) BETWEEN:
RAJESH ARIGALA S/O JAYA PRAKASH, AGED ABOUT 32 YEARS, R/AT NO.2, 16 B-2 MAIN ROAD, KORAMANGALA 4TH BLOCK, BANGALORE - 560 034.
(By MR. K MANOHARA CHARI, ADV.) AND:
1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY FOR HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE CITY – 560 001.
2. THE COMMISSIONER OF POLICE #1, INFANTRY ROAD, BANGALORE CITY – 560 001.
3. THE SUB-INSPECTOR OF POLICE (MR. MANJUNATHA) KORAMANGALA POLICE STATION, BANGALORE CITY – 560 034.
4. SMT. SHIMONI SINHA D/O ASHOK KUMAR SINHA, AGED ABOUT 32 YEARS, C/O WORKING AS CONTENT SPECIALIST OFFICE AT ZAMSTARS MANAGEMENT SERVICES INDIA, NO. 631, 2ND FLOOR, 3RD BLOCK, 3RD CROSS, 100 FEET ROAD, … PETITIONER ABOVE RBL BANK KORAMANGALA, BANGALORE - 560 034.
(By MR. B BALAKRISHNA, AGA FOR R1 & R2, … RESPONDENTS NOTICE TO R3 & R4 – SERVED AND UNREPRESENTED) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 AND 2 TO INITIATE THE ACTION AGAINST THE R-3/MR.MANJUNATHA WITH REFERENCE TO THE COMPLAINT SUBMITTED BEFORE THE R-2 ON 27.03.2019 AND PASS OFFICIAL ORDERS FOR THE REMOVAL FROM THE SERVICE BY CONDUCTING THE DEPARTMENTAL INQUIRY BY REFERRING/ANALYZING THE CCTV FOOTAGE AVAILABLE AT KORAMANGALA POLICE STATION, IN ACCORDANCE WITH THE PROVISIONS OF THE PREVENTION OF CORRUPTION ACT UNDER CRIMINAL MISCONDUCT FOR PECUNIARY ADVANTAGE AS WELL AS THE SC/ST ARTROCITIES ACT, 2015 UNDER DERELICTION OF DUTIES, AS THE R- 3/MR.MANJUNATHA HAS FORCED TO SIGN THE ACCEPTANCE LETTER FOR WITHDRAWAL OF THE DIVORCE-PETITION (TO DECLARE THE REGISTERED MARRIAGE AT PATNA BIHAR STATE AS NULL AND VOID/VOIDABLE) FILED BY THE PETITIONER BEFORE THE HON'BLE PRINCIPAL JUDGE FAMILY COURT AT BANGALORE CITY VIDE M.C.NO:529.2019, DT.25.01.2019 THE COPY OF COMPLAINT AS ANNEXURE-A; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.K.Manohara Chari, learned counsel for the petitioner.
Mr.B.Balakrishna, learned Additional Government Advocate for the respondent Nos.1 and 2.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks a direction to the respondent Nos.1 and 2 to take an action against the respondent No.3 with reference to the complaint submitted before the respondent No.2 on 27.03.2019.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner filed a complaint against the respondent No.3 on 27.03.2019 before the respondent No.2. However, till today, no action on the complaint has been taken.
5. On the other hand, learned Additional Government Advocate submits that suitable action in accordance with law shall be taken.
6. In view of the aforesaid submissions and in the light of the law laid down by the Supreme Court in the case of ‘LALITA KUMAR Vs. GOVT. OF U.P.’ (2014) 2 SCC 1, the petition is disposed of with a direction to the respondent No.2 to take an action on the complaint submitted by the petitioner in the light of the law laid down by the Supreme Court, specially in paragraph 120 of the decision, expeditiously, preferably within a period of two months from the date of receipt of certified copy of the order passed today.
Sd/- JUDGE RV