IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOS.14892-894 of 2019 (GM POLICE) BETWEEN:
1. SRI. B.S.SHIVARAM S/O.B.P.SIDDARAMAIAH, AGED ABOUT 64 YEARS, R/AT NO.195, 7TH B MAIN, 4TH BLOCK, JAYANAGAR, BENGALURU 560011.
2. SRI. R. GOPALA REDDY S/O.B.P.SIDDARAMAIAH, AGED ABOUT 59 YEARS, R/AT NO.195, 7TH B MAIN, 4TH BLOCK, JAYANGAR, BENGALURU-560011.
3. SRI. B.S.CHANDRU S/O.B.P.SIDDRAMAIAH, AGED AOBUT 60YEARS, NO.195, 7TH B MAIN, JAYANAGAR, 4TH BLOCK, BANGALORE-560011.
... PETITIONERS (BY SRI.C.V.NAGESH FOR SRI MANMOHAN.P.N, ADV.) AND 1. STATE OF KARNATAKA HOME DEPARTMENT, M.S.BUILDING, BENGALURU-560001. REPRESENTED BY ITS SECETARY.
2. THE ASSISTANT COMMISSIONER OF POLICE SPECIAL ENQUIRIES, CENTRAL CRIME BRANCH, N.T.PET, BANGALORE CITY 560 002 3. CENTRAL CRIME BRANCH NEW THARUGUPET, MYSORE ROAD, BENGALURU, REPRESENTED BY THE ADDITIONAL COMMISSIONER OF POLICE.
... RESPONDENTS (BY SRI VIJAY KUMAR A. PATIL, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 26.03.2018 ISSUED BY THE R-2 (PRODUCED AS ANNEXURE-A) AND THE ENTIRE PROCEEDINGS PURSUANT THERETO AND DECLARE THAT R-2 HAS NO JURISDICTION TO IVNESTIGATE INTO THE OFFENCES ALLEGED BY SMT. SUDHA SHIVARAME GOWDA IN THE COMPLAINT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr.C.V.Nagesh for Sri Manmohan P.N., learned Counsel for the petitioner.
Sri Vijay Kumar A Patil, leanred Additional Government Advocate for respondents.
2. The petitioners interalia have assailed the validity of the notice dated 26.03.2018 issued by the respondents by which the petitioners have been asked to appear before the Police authorities.
3. Even though the complaint which is filed against the petitioners was concluded and ‘B’ report was filed, once again notice has been issued and the petitioners have been asked to appear before the Police for enquiry.
4. On the other hand, learned Additional Government Advocate has filed a memo which is taken on record. In the aforesaid memo, it is stated that on the basis of the complaint, a notice was issued to the petitioners to ascertain whether or not prima facie a cognizable offence is made out against the petitioners. It is further submitted that since in pursuance of the notice dated 26.03.2019 the petitioners did not appear, the notice has spent itself and the respondents do not intend to take any further action against the petitioners and report to the competent authorities in this regard shall be filed.
The aforesaid memo is taken on record. Therefore, nothing survives for adjudication in this writ petition.
Accordingly the same is disposed of.
Sd/- JUDGE akc/-