IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 4TH day of November 2019 Before THE HON’BLE MR.JUSTICE ALOK ARADHE Writ Petition No.43770 of 2019 (GM-Police) Between:
Sri. Basavaraj Shivappa Muttagi, S/o Shivappa Muttagi, Aged about 37 years, R/o Managundi village, Dharwad Taluk, Dharwad Dist-580001. …Petitioner (By Sri. Shashikiran Shetty, Senior Counsel, and Sri. Bharath Kumar V., Advocate) A N D :
1. State of Karnataka, Through Addl. Chief Secretary, Home Department, Vidhana Soudha, Bengaluru-560001.
2. Station House Officer, Dharwad Sub-Urban Police Station, Dharwad, Represented by The State Public Prosecutor, Hon’ble High court of Karnataka, Bengaluru-560001. ...Respondents (By Sri. M.Vinod Kumar, Addl. Government Advocate) This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the order dated 06.09.2019, passed by the R1 where the R1 herein purportedly acting under 6 of the Delhi Special Police Establishment Act, 1946, has accorded sanction to the Central Bureau of Investigation, to conduct further investigation with respect to crime No.135/2016, registered with the Dharwad Sub-Urban Police Station, Dharwad (vide Annexure-A); and declare the action of the R1 authority in passing the order dated 06.09.2019 as arbitrary, illegal and non-est in the eyes of law (vide Annexure-A).
This writ petition coming on for Preliminary Hearing at Dharwad Bench, through video conference, this day, the Court made the following:
ORDER Mr. K.Shashikiran Shetty, learned Senior Counsel with Mr. Bharath Kumar V., learned counsel for the petitioner.
2. Mr. M.Vinod Kumar, learned Additional Government Advocate for the respondents.
3. Learned Senior Counsel for the petitioner has filed a memo seeking leave of the Court to withdraw the petition on the ground that the second First Information Report has been filed by the Central Bureau of Investigation and therefore, petitioner be granted liberty to file a fresh writ petition by impleading the Central Bureau of Investigation. The aforesaid memo is taken on record.
4. Accordingly, the writ petition is disposed of with liberty to the petitioner to file a fresh writ petition by impleading the Central Bureau of Investigation.
Sd/- JUDGE Kms