IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA W.P. No.47375 OF 2017 BETWEEN:
Smt.Ruby, Aged about 51 years, D/o late Sri.Dharam Chand Gambhir, R/a L103, Kirti Nagar, New-Delhi.
(By Sri.S.Vivekananda Adv for Smt.Gangabai V Adv., for Petitioner) AND:
1. Sri.Mahendra Kumar Chopra, Aged about 53 years, S/o Kishan Chand Chopra, R/at No.67, Anchepet, Bangalore-560053.
2. Sri. Kishan Chand Chopra, Aged about 72 years, R/at Jayanti Building, Avenue Road, Bangalore-560002.
3. Chandrashekar, Aged about 60 years, S/o Mr.Shamaiah, Typist at Criminal Branch, High Court of Karnataka, Bangalore-560069.
…..Petitioner 4. Registrar Vigilance, High Court of Karnataka, Bengaluru-560001.
(By Sri.T.Prakash Adv. for R1 and R2 By Sri.Rachaiah-HCGP for R4) ...Respondents This Writ Petition is filed under Articles 226 & 227 of the Constitution of India R/w Section 482 of Cr.P.C. praying to direct the R-4 Registrar (Vigilance) dated 07.01.1995 in the case bearing MFA No.1962/1993, opinion of the handwriting expert Smt. Jaydevi along with photographs, annexures, correspondence i.e., permission letter to take the photographs and records of Misc.No.81/1989, specifically deposition of R2 and R3, and other papers pertaining to the case, in his custody to the I Addl. Chief Metropolitan Magistrate, Bengaluru for consideration in C.C.No.179/1995 and etc.
This Writ Petition coming on for ‘Orders’ this day, the court made the following:
O R D E R The learned counsel for the petitioner by way of this petition has sought for direction to Respondent No.4-Registrar (Vigilance) to furnish original report of the Registrar (Vigilance) dated 07.01.1995 in the case bearing MFA No.1962/1993, opinion of the handwriting expert-Smt. Jaydevi along with photographs, annexures, correspondence i.e., permission letter to take the photographs and records of Misc.No.81/1989, specifically deposition of R2 and R3, and other papers pertaining to the case, in his custody to the I Addl. Chief Metropolitan Magistrate, Bengaluru for consideration in C.C.No.179/1995.
2. It is seen from the records that the trial Court on the basis of memo filed by learned APP in C.C.No.179/1995 has passed an order wrote a letter requesting for the original records of Misc.No.81/1989 are to be submitted to the Court which are kept in the safe custody in the office of Registrar (Vigilance), High Court of Karnataka, Bengaluru. The body of the order reveals that, the learned APP has sought for the details of the document along with records of Misc.No.81/1989 i.e., original report of the handwriting expert-Smt.Jaydevi, enquiry report of Registrar (Vigilance), etc. The learned VI Addl. Chief Metropolitan Magistrate, Bengaluru in the said case has written an official letter bearing No.VIACMM/505/2015 dated 20.10.2015 to the Registrar (Vigilance), High Court of Karnataka, Bengaluru, requesting for sending all the original documents in Mis.No.81/1989 which contain the report of handwriting experts, enquiry report of Registrar (Vigilance) etc.
3. The learned HCGP submits before the Court that Registrar (Vigilance) is ready to send the entire case file pertaining to Mis.No.81/1989. The learned HCGP further submits that in the said case, the handwriting expert report and enquiry report of the Registrar (Vigilance) is not available. Otherwise all the other materials would be sent to the VI Addl. Chief Metropolitan Magistrate, Bengaluru now, it is I Addl. Chief Metropolitan Magistrate, Bengaluru.
4. Recording the aforesaid submission of the learned HCGP that Registrar (Vigilance) would have sent all the records available in Mis.No.81/1989, this petition is ordered to be disposed off, however, liberty is given to the petitioner to take appropriate steps before the trial Court or to take appropriate measures in accordance with Law.
5. Registrar (Vigilance) is hereby directed to send original records of Mis.No.81/1989 within 3 days from the date of receipt of this order to the I Addl. Chief Metropolitan Magistrate, Bengaluru and I Addl. Chief Metropolitan Magistrate, Bengaluru can proceed with the matter and dispose of the same as early as possible.
Sd/-
JUDGE JS