IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.21541 OF 2019 (GM-POLICE) BETWEEN:
Sri. A. Venkateshappa, S/o late Ananthappa, Aged 66 years, Residing at Housing Board Colony, T. R. Nagar, Challakere Town – 572 522, Chitradurga District.
… Petitioner (By Sri. Omkaresha, Advocate) AND:
1. State of Karnataka, Represented by its Secretary, Home Department, Vidhana Soudha, Bengaluru – 560 001.
2. The Inspector of Police, Special Enquiry Cell, CID, Bengaluru – 560 001.
3. The Under Secretary of Government Department Of Education (Pre-University Education), Karnataka Government Secretariat, M. S. Building, Bengaluru – 560 001.
… Respondents (By Sri. B. Balakrishna, AGA) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned notice dated 01.04.2019, issued by the R-2 vide Annexure–K issued under Section 91 of Cr.P.C. and etc., This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri. Omkaresha, learned counsel for the petitioner.
Sri. B. Balakrishna, learned Additional Government Advocate for the respondents.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia has assailed the validity of the impugned notice dated 01.04.2009 issued by respondent No.2 under Section 91 of Code of Criminal Procedure. By the aforesaid notice, the petitioner was required to appear on 05.04.2009 before respondent No.2.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner did not appear before respondent No.2 on 05.04.2009. On the other hand, Sri. B. Balakrishna, learned Additional Government Advocate for the respondents submitted that no action has been taken against the petitioner for non appearance on 05.04.2009.
4. In view of the aforesaid submission, nothing survives for adjudication in this writ petition. Accordingly, the impugned notice dated 01.04.2009 is quashed. In the result, the petition is allowed.
Sd/- JUDGE Mds/-