IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.25983-984 OF 2018 (GM-POLICE) BETWEEN:
1. RASHTROTTHANA PARISHAT A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, NO.93/2, KESHAVA SHILPA, KEMPEGOWDA NAGAR, BANGALORE-560 019 REP BY ITS GEN.SECRETARY SRI N DINESH HEGDE.
2. SRI V JEEVAN KUMAR AGED ABOUT 41 YEARS, S/O V DEVARAJU NAIDU, R/A NO.82, SRI GHATI GOSHALA, NEAR SUBRAMANYA GHATI TEMPLE, KELAGINAJOOGANAHALLI, S S GHATI POST, DODDABALLAPUR-561 203.
… PETITIONERS (BY MR. B MADHUSUDHAN ADIGER, ADV.) AND:
1. THE STATE OF KARNATAKA BY PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BANGALORE-560 001.
2. THE SUPERINTENDENT OF POLICE BANGALORE RURAL, MILLERS ROAD, BANGALORE – 560002.
3. THE STATION HOUSE OFFICER DODDABALLAPUR RURAL POLICE DODDABALLAPUR -561 203.
(BY MR. VIJAY KUMAR A PATIL, AGA) - - -
… RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE FIRST AND SECOND RESPONDENTS TO FORM A SEPARATE POLICE TEAM WORKING OUTSIDE DODDABALLAPUR TO INVESTIGATE CR NO.416/2017 U/S 506, 447, 504, 435 R/W 34 IPC AND CR.NO.229/2018, U/S 435 PC REGISTERED IN THE DODDABALLAPUR RURAL POLICE STATION, INVESTIGATE THE SAME, REPORT THE PROGRESS TO THIS HON’BLE COURT, IDENTIFY THE ACCUSED AND TAKE ACTION AGAINST THEM AS PER LAW.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.B.Madhusudhan Adiga, learned counsel for the petitioner.
Mr.Vijay Kumar A.Patil, learned Additional Government Advocate for respondents.
The writ petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
2. In these petitions, the petitioners are seeking for a writ of mandamus directing the first and second respondents to form a separate police team working outside Doddaballapur to investigate Cr.No.416/2017 under Section 506, 447, 504, 435 r/w 34 IPC and Cr.No.229/2018 under Section 435 IPC registered in the Doddaballapur Rural Police Station, investigate the same, report the progress to this Hon’ble Court, identify the accused and take action against them as per law.
3. When the matters were taken up today, learned counsel for the petitioners submitted that they be granted with a liberty to make a fresh representation before the competent authority. On the other hand, learned counsel for respondents submitted that if such a representation is made by the petitioners, the same shall be dealt with in accordance with law.
4. In view of the submissions made and in the facts of the case, the writ petitions are disposed of with a liberty to the petitioners that in case a representation is made to the competent authority, the same shall be decided by the competent authority within a period of four months from the date of receipt of such a representation. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petitions are disposed of.
Sd/- JUDGE SS