IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.31116 OF 2019 (GM-POLICE) BETWEEN:
SRI AJANTHA JAYARAM SHETTY AGED ABOUT 43 YEARS S/O S JAYARAM SHETTY 15-08-441/50 SHOP N.46 1ST FLOOR YENEPOYA MALL KADRI ROAD MANGALORE – 575 003 (By MR. PRASAD K R RAO, ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HOME DEPARTMENT SECRETARIAT VIDHANA SOUDHA BENGALURU – 560 001 2. THE COMMISSIONER OF POLICE MANGALURU CITY MANGALURU – 575 001 3. THE INSPECTOR OF POLICE ECONOMIC & NARCOTIC CRIME POLICE STATION BUNDER MANGALURU – 575 001 (By MR. B BALAKRISHNA, AGA) - - -
… PETITIONER … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO REGISTER THE FIRST INFORMATION REPORT AS PER SECTION 154[1] OF THE CODE OF CRIMINAL PROCEDURE, 1973 IN ECONOMIC AND NARCOTIC CRIME POLICE STATION, MAGALURU/R-3 ON THE BASIS OF THE COMPLAINT DTD: 2.4.2019 FILED BY THE COMPLAINANT/PETITIONER WITH THE RESPONDENTS, WHICH IS PRODUCED AS ANNEXURE-A AND ISSUE APPROPRIATE DIRECTION TO RESPONDENTS TO ENSURE SWIFT AND SPEEDY INVESTIGATION IN THE SAID CASE; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Prasad K.R.Rao, learned counsel for the petitioner.
Mr.B.Balakrishna, learned Additional Government Advocate for the respondents.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. When the matter was taken up today, learned counsel for the petitioner submits that he will furnish the copy of the complaint filed by him to concerned Station House Officer within a period of one week from the date of receipt of certified copy of the order passed today and the aforesaid authority be directed to take action on the complaint submitted by the petitioner in accordance with law.
4. On the other hand, learned Additional Government Advocate submits that in case complaint is furnished by the petitioner to the concerned Station House Officer, the aforesaid authority shall take an action in accordance with law.
5. In view of the aforesaid submissions and in view of the law laid down by the Hon’ble Supreme Court in the case of ‘LALITA KUMARI Vs. GOVERNMENT OF UTTAR PRADESH AND ORS.’, (2014) 2 SCC 1, writ petition is disposed of with a direction that in case the petitioner furnishes the complaint within a period of one week from the date of receipt of certified copy of the order passed today, the concerned Station House Officer shall take action, if not already taken on the complaint furnished by the petitioner.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE RV