IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.52938 OF 2015 (GM-POLICE) BETWEEN:
SRI ASHOK KUMAR S/O SRI MUNIPOOJAMMA AGED ABOUT 35 YEARS R/AT VENKATAGIRIKOTE COLONY CHINTHAMANI CHIKKABALLAPURA - 563 125 (BY SRI.NARAYANA SWAMY V.K., ADV.) AND:
… PETITIONER 1. THE STATE OF KARNATAKA BY ITS SECRETARY HOME DEPARTMENT (POLICE) VIDHANA SOUDHA BENGALURU-560 001 2. THE DEPUTY SUPERINTENDENT OF POLICE CHINTAMANI SUB DIVISION CHINTAMANI-563 125 3. THE SUB INSPECTOR OF POLICE CHINTAMANI TOWN CHIKKABALLAPURA DISTRICT-563 125 4. SRI G.M.SREEDHAR S/O MUNINAGAPPA AGED ABOUT 42 YEARS R/AT GOPASANDRA VILLAGE CHINTAMANI CHIKKABALLAPURA -563 125 5. SRI M.S.VENKATASUBBA REDDY S/O C.V.SUBBARAYAPPA AGED ABOUT 50 YEARS R/AT ASHVINI LAYOUT CHINTAMANI CHIKKABALLAPURA-563 125 … RESPONDENTS (BY SRI.VIJAY KUMAR A. PATIL, ADDITIONAL GOVERNMENT ADVOCATE FOR R-1 TO R-3;
SRI. M. R. NANJUNDA GOWDA, ADVOCATE FOR R-4 & R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO R-3 TO CONSIDER THE WRITTEN COMPLAINT OF THE PETITIONER DATED:15.09.2014 AS PER ANNEXURE-D AND TO TAKE LEGAL ACTION AGAINST THE R-4 & R-5 FOR THE OFFENCE OF SC/ST ATROCITY ACT AND BY FILING THE NECESSARY REPORT IN ACCORDANCE WITH LAW AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Narayana Swamy V.K., learned counsel for the petitioner.
Sri. Vijay Kumar A. Patil, learned Additional Government Advocate for respondent Nos.1 to 3.
Sri. M.R. Nanjunda Gowda, learned counsel for respondent Nos.4 to 5.
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 seeks for a direction to respondent Nos.1 to 3 to consider the written complaint dated 15.09.2014 as per Annexure-D and to take legal action against respondent Nos.4 and 5 for the offence punishable under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and by filing the necessary report, in accordance with law.
3. When the matter was taken up today, learned Additional Government Advocate for respondent Nos.1 to 3 submitted that the investigation has been completed and the ‘B’ report has been filed. A copy of the same has been supplied to the learned counsel for the petitioner.
4. In view of the aforesaid submissions and in the facts of the case, the writ petition is disposed of with liberty to the petitioner to take recourse to such remedy as may be available to him under law.
5. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
sd/- JUDGE Mds/-