IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.51353/2015(GM-POLICE) BETWEEN:
SRI M. S. KANTHARAJ, AGED ABOUT 42 YEARS, S/O M. K. SHIVAPPA GOWDA, AGRICULTURIST, R/AT SULAGODU, MUMBALU VILLAGE, ANANDAPURA POST, SAGAR TALUK, SHIVAMOGGA DISTRICT.
... PETITIONER (BY SMT. GAYATHRI BHAT.H., ADVOCATE FOR SRI P. P. HEGDE, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-1 2. THE INSPECTOR GENERAL OF POLICE EASTERN RANGE, DAVANAGERE-577001.
3. THE SUPERINTENDENT OF POLICE SHIVAMOGGA DISTRICT, SHIVAMOGGA-577201.
4. THE DEPUTY SUPERINTENDENT OF POLICE SHIKARIPURA SUB DIVISION AND INVESTIGATING OFFICER IN CRIME NO.151/2015 OF SAGARA RURAL POLICE STATION SHIKARIPURA, SHIVAMOGGA-577201.
5. SRI HONNAPPA, MAJOR, CIRCLE INSPECTOR OF POLICE, RURAL POLICE STATION, SAGAR, SHIVAMOGGA DISTRICT.
6. SRI PARASHURAM, MAJOR, POLICE CONSTABLE NO.846, RURAL POLICE STATION, SAGAR, SHIVAMOGGA DISTRICT-577201.
7. SRI RAJU NAIK POLICE CONSTABLE NO.1294, MAJOR, RURAL POLICE STATION, SAGAR, SHIVAMOGGA DISTRICT-577201.
8. GIRISH BABU, MAJOR, POLICE JEEP DRIVER APC-216, RURAL POLICE STATION, SAGAR TOWN, SHIVAMOGGA DISTRICT-577201.
... RESPONDENTS (BY SRI VASANTH V. FERNANDES, HCGP FOR R1 TO R4; R7 AND R8 ARE SERVED, BUT UNREPRESENTED;
VIDE ORDER DATED 14.07.2016 SERVICE OF NOTICE TO R5 AND R6 IS HELD SUFFICIENT) **** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT Nos.1 TO 4 TO TAKE ACTION AGAINST RESPONDENT Nos.5 TO 8 IN CRIME NO.151/2015 OF SAGAR RURAL POLICE STATION IMMEDIATELY AS PER LAW ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner in the above writ petition has sought for the following reliefs:
(1) Issue a writ of mandamus, directing the Respondent Nos.1 to 4 to take action against Respondent NOs.5 to 8 in Crime NO.151/2015 of Sagar Rural Police Station immediately as per law.
(2) Issue a writ of mandamus, directing the Investigation Officer in Crime No.151/2015 of Sagar Rural Police Station to conduct fair and impartial investigation and submit the final report to the concerned Magistrate within the time that may be fixed by the Hon’ble Court.
(3) Issue a writ of mandamus, directing the State Government/Respondent No.1 to pay proper compensation to the petitioner for the sufferings undergone by him on account of the violation of his fundamental rights by the excesses committed by the Police as detailed in the FIR in Crime No.151/2015 of Sagar Rural Police Station.
2. When the matter was posted before this Court on 16.8.2019, Sri Vasanth V. Fernandes, learned Government Advocate, invited attention of the Court to paragraph-9 of the statement of objections and submitted that already ‘B’ report is filed before the Addl. Civil Judge (Jr.Dn.) & JMFC-I, Sagara, and the Court has accepted the same on 17.08.2017. Learned Government Advocate has also submittd that the petitioner had an opportunity to file objections to the ‘B’ report under Section 151 of Code of Criminal Procedure, which is not done and hence, the prayer for mandamus directing the respondent Nos.1 to 4 to take action against respondent Nos.5 to 8 in Crime No.151/2015 of Sagar Rural Police Station would not arise and therefore, sought for dismissal of the writ petition.
3. The said facts are not disputed by the learned counsel for the petitioner.
4. In view of the above, the prayer sought in the present writ petition would not survive for consideration.
Accordingly, the writ petition is dismissed with liberty to the petitioner to avail the alternative remedy, if so advised, in accordance with law.
Sd/-
JUDGE Gss/-