IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B. VEERAPPA WRIT PETITION No.50846/2018 (GM-RES) BETWEEN:
RAMESH S/O RANGAPPA @ RANGASWAMY, AGED ABOUT 33 YEARS, RESIDING AT NO.U-25, 1ST MAIN, 1ST CROSS, D BLOCK, SWTHANTHRA PALYA, SRIRAMPURA, BENGALURU – 560 021. … PETITIONER (BY SRI SIRAJUDDIN AHMED ADVOCATE) AND:
1. THE PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU – 560 001.
2. ADVOCATE GENERAL HIGH COURT OF KARNATAKA, BENGALURU – 560 001.
3. THE REGISTRAR GENERAL, HIGH COURT OF KARNATAKA, BENGALURU – 560 001.
4. CHIEF SUPERINTENDENT OF PRISONS BENGALURU CENTRAL JAIL, PARAPPANNA AGRAHARA, BENGALURU – 560 001. … RESPONDENTS (BY SRI M. VINOD KUMAR, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE CONSTITUION OF INDIA, PRAYING TO ISSUE DIRECTIONS TO THE RESPONDENTS TO PAY THE COMPENSATION OF RS.75,00,000/- TO THE PETITIONER FOR WHICH HE WAS ILLEGALLY DETAINED FOR 1829 DAYS IN SPITE OF THE HON’BLE HIGH COURT OF KARNATAKA HAS ACQUITED THE PETITIONER VIDE ORDER PASED DATED 1ST JULY 2008 TO RELEASE THE PETITIONER IF HE IS NOT REQUIRED IN ANY OTHER CASE, IN CRIMINAL APPEAL 152/2005 OF S.C.NO.274/2003 ON RECORD OF FAST TRACK SESSIONS JUDGE III FOR OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned Additional Government Advocate takes notice for the respondents.
2. Petitioner filed the present writ petition seeking a writ of mandamus directing the respondents to pay compensation of Rs.75,00,000/- to him for illegally detaining him for 1829 days in spite of order dated 01.07.2008 passed by this Court in Criminal Appeal No.152/2005 ordering for release of the petitioner, if he is not required in any other case. If the petitioner is illegally detained and he was earning specific amount per day as alleged, he has to produce relevant materials for the same and there is no basis as to how the petitioner is seeking Rs.75,00,000/- as compensation. There are disputed facts which require evidence and this Court cannot entertain such a petition for awarding compensation. Therefore, prayer sought for in the present writ petition is not maintainable.
3. At this stage, learned counsel for the petitioner files a memo to withdraw the writ petition.
4. Memo is placed on record. Writ Petition is dismissed as withdrawn with liberty to the petitioner to avail alternative remedy in accordance with law.
Learned Additional Government Advocate is permitted to file memo of appearance within three weeks from today.
Sd/- JUDGE PKS