IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31st DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.14199 OF 2019 (GM-RES) BETWEEN:
Saira Lahir Alias Saira Kamal Wife of Abdul Lahir Hassan Aged about 56 years R/a: No.21/17, Ground floor The Craig, Craig park road M.G. Road, Bengaluru – 560 001.
(By Sri. Saravana S. Advocate, for Sri. Ravishankar, Advocate) AND:
1. The State Of Karnataka Rep by Cyber police station CID Annexe Building Carlton House, No.1, Palace Road Bengaluru – 560 001.
... Petitioner 2. Abilash Rao Magavana Son of Venugopal Rao aged about 36 years Old no.441, 8th cross, 13th main Bharathnagar, 2nd phase, BEL layout, Bengaluru – 560 091.
... Respondents (Sri. Vijay Kumar Majage, Addl. SPP for R1) This writ petition is filed under Article 226 of Constitution of India read with Section 482 of Code of Criminal Procedure praying to direct the 1st ACMM, Bengaluru, to dispose of the application filed by the petitioner as per Annexure-C, in Crime No.2969 of 2018, within the time bound frame as this Hon'ble Court may deem fit and appropriate, under the circumstances of the case.
This Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri. Saravana S., learned counsel for Sri. D.R. Ravishankar, learned counsel for the petitioner.
Sri. Vijaya Kumar Majage, learned Additional SPP for respondent No.1.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’ for short), the petitioner inter alia seeks a direction to the First Additional Chief Metropolitan Magistrate, Bengaluru to dispose of the application filed by the petitioner under Sections 451 and 457 of the Code in Crime No.2969/2018 within a time bound manner.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner had filed the aforesaid application on 07.12.2018, however, till today, the aforesaid application is not decided and the petition be disposed of with a direction to the First Additional Chief Metropolitan Magistrate, Bengaluru, to decide the application in a time bound manner. The aforesaid prayer is not opposed by the learned Additional SPP.
4. In view of the aforesaid submission and in the facts of the case, the petition is disposed of with a direction to the First Additional Chief Metropolitan Magistrate, Bengaluru to decide the application filed by the petitioner under Sections 451 and 457 of the Code by a speaking order within a period of three weeks from the date of receipt of certified copy of the order passed today.
5. Accordingly, the petition is disposed of.
Sd/- JUDGE Mds/-