IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.38877/2019 (GM-FC) BETWEEN:
S.KRISHNAMURTHY S/O LATE S.V.RAGHAVENDRA CHAR AGED ABOUT 68 YEARS R/AT NO.1602, 12TH CROSS VIVEKANANDA NAGARA MYSURU – 570 023 … PETITIONER (BY SRI T.N.RAGHUPATHY, ADVOCATE) AND:
1. SMT.B.M.DEEPA W/O SUDHANVA VEDANTI AGED ABOUT 30 YEARS R/AT NO.43, “GURUPRASAD NILAYA” VASANTHANAGARA, HESARAGATTA BENGALURU – 560 088 2. SUDHANVA VEDANTI S/O KRISHNAMURTHY AGED ABOUT 36 YEARS 3. PARIMALA KRISHNAMURTHY W/O KRISHNAMURTHY AGED ABOUT 58 YEARS R2 AND R3 BOTH ARE R/AT NO.1602, THUNGA NILAYA 12TH CROSS, VIVEKANANDA NAGARA MYSURU – 570 023 4. SHAILAJA AGED ABOUT 52 YEARS R/AT SLV LAKE VIEW APARTMENT APT.NO.9, 1B CROSS ROAD BABANAGAR, KATTIGENAHALLY MYSURU – 560 064 … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ORDER DATED 20.07.2019 (ANNEXURE–L) PASSED BY THE CJM, BENGALURU AS ILLEGAL AND QUASH THE SAME ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Sri T.N.Raghupathy, learned Counsel for the petitioner.
2. Taking into account the order, which this Court proposes to pass, it is not necessary to issue notice to the respondents.
3. The petition is admitted for hearing. With the consent of learned Counsel for the petitioner, the same is heard finally.
4. In this petition under Article 226 of the Constitution of India, the petitioner inter alia seeks for the following reliefs:
a) Issue a writ of certiorari, any other appropriate writ, order or direction, and declare that the order dated 20.07.2019 passed by the CJM, Bengaluru, produced at Annexure-L as illegal, and quash the same;
b) Issue a writ of mandamus directing the learned CJM, Bengaluru to accept I.A. filed by the petitioner under Section 91 and Section 311 of CR.P.C. on 20.07.2019 and pass orders summoning the salary disbursing officer to appear to give evidence before the Court.
5. When the matter was taken up today, learned Counsel for the petitioner submits that the writ petition may be disposed of with a direction to the Chief Judicial Magistrate, Bengaluru to accept the applications filed by the petitioner under Sections 91 and 311 of Cr.P.C and to deal with the same in accordance with law.
6. In view of the aforesaid submission, the petition is disposed of with a direction to the Chief Judicial Magistrate, Bengaluru to accept the applications filed by the petitioner under Sections 91 and 311 of Cr.P.C. and to decide the same in accordance with law. It is made clear that this Court has not expressed any opinion on the merits of the case.
The petition is accordingly disposed of.
Sd/- JUDGE KSR