IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.22662 OF 2016 (GM-POLICE) BETWEEN:
REYAN MARKOSE AGED 61 YEARS S/O REYAN R/AT "LALY DALE", TC.33/294 VETTUCAUD, KADAKAMPALLY VILLAGE TITANIUM. P.O. THIRUVANANTHAPURAM KERALA STATE -695021.
(By Smt. KAVITHA K, ADV., (ABSENT)) AND:
1. STATE OF KARNATAKA REPRESENTED BY THE PUBLIC PROSECUTOR SIRA TOWN POLICE STATION KARNATAKA,(TUMKUR DIST-572137).
2. RAVISHANKAR C R DEPUTY SUPERINTENDENT OF POLICE & INVESTIGATION OFFICER … PETITIONER OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE FINANCIAL INTELLIGENCE UNIT ANNEXE BUILDING-I, ROOM NO.40 CID, CARLTON HOUSE, PALACE ROAD BENGALURU-01.
3. DIRECTOR GENERAL OF POLICE KARNATAKA STATE NO.2, NRUPATHUNGA ROAD, BENGALURU.
… RESPONDENTS (By Mr. VIJAY KUMAR A. PATIL, LEARNED AGA FOR R1 – R3) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE ANNEXURE-C NOTICE DTD:28.3.2016 ISSUED BY THE R-2 TO THE PETITIONER FOR HIS PERSONAL APPEARANCE BEFORE THE R-2 IN HIS OFFICE AT BENGALURU, IN CONNECTION WITH CRIME NO.309/2014 OF SIRA TOWN POLICE STATION IS ULTRA VIRES OF THE PROVISIONS UNDER SECTION 91 AND SECTION 160 OF THE CODE OF CRIMINAL PROCEDURE 1973 AND THAT IT IS LIABLE TO BE QUASHED & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Kavitha K., learned counsel for the petitioner. Mr.Vijay Kumar A. Patil, learned Additional Government Advocate for respondent Nos.1 to 3.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner inter alia has prayed for the following reliefs:
(i) to declare that the Annexure-C Notice under Ref No.CRM(1)/35/F.I.U/C.I.D/2015 dated 28.03.2016 issued by the respondent No.2 to the petitioner for his personal appearance before the 2nd respondent in his office at Bengaluru, in connection with Crime No.309/2014 of Sira Town Police Station, is ultra vires of the provisions under Section 91 and Section 160 of the Code of Criminal Procedure, 1973, and that it is liable to be quashed.
(ii) to issue a writ of certiorari or other appropriate writ, order or direction quashing Annexure-C Notice issued by the 2nd respondent to the petitioner and consider the senior citizen privileges. Ref No.CRM(1)/35/F.I.U/C.I.D/2015 dated 28.03.2016 in connection with Crime No.309/2014 of Sira Town Police Station issued by the 2nd respondent Deputy Superintendent of Police and Investigation Officer, Financial Intelligence Unit, Bengaluru, to the Petitioner, in the interest of justice.
4. When the matter was taken up today, learned Additional Government Advocate submitted that the petitioner has challenged the notice issued to him by the Investigating Officer. During the pendency of the petition, the investigation has been carried out by specialized agency and a charge sheet has been filed against the petitioner, in which the petitioner has been arrayed as accused No.21.
5. In view of the aforesaid submission, nothing survives for adjudication. Accordingly, the petition is disposed of with a liberty to take recourse to such remedy as may be available to him under the law.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS