IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.30655 OF 2018 (GM-POLICE) BETWEEN:
SRI NISHAR AHMED A S/O. SRI. ABUBAKKAR, AGED ABOUT 45 YEARS, R/O. NO.88/2, 16TH CROSS, BAPUJI NAGAR, BENGALURU – 560 026 … PETITIONER (BY SRI. K.S. BHEEMAIAH, ADVOCATE) AND:
1. THE DIRECTOR GENERAL & INSPECTOR GENERAL OF POLICE KARNATAKA STATE, NRUPATUNGA ROAD, BENGALURU – 560 001 2. THE COMMISSIONER OF POLICE BENGALURU CITY, INFANTRY ROAD, BENGALURU – 560 001 3. THE STATE POLICE COMPLAINTS AUTHORITY ROOM NO. 36 & 37, VIKASA SOUDHA, DR. B R AMBEDKAR VEEDHI, BENGALURU – 560 001 4. SHRI. PRAKASH ASSISTANT COMMISSIONER OF POLICE, KENGERI GATE SUB DIVISON, KENGERI, BENGALURU – 560 060 5. SHRI. LINGARAJ INSPECTOR OF POLICE, JAGAJEEVANRAM NAGAR POLICE STATION, JAGAJEVANRAM NAGAR, BENGALURU – 560 001 6. THE ADDITIONAL CHIEF SECRETARY HOME DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU – 560 001 … RESPONDENTS (BY SRI. B. BALAKRISHNA, AGA FOR R1, R2 & R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NOS.1 AND 2 TO CONDUCT ENQUIRY AGAINST THE CRIMINAL ACTS OF THE RESPONDENT NOS.4 AND 5 AND TAKE APPROPRIATE ACTION AGAINST THE RESPONDENT NOS.4 AND 5 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELILMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. K. S. Bheemaiah, learned counsel for the petitioner.
Sri. B. Balakrishna, learned Additional Government Advocate for respondent Nos.1, 2 and 6.
None for respondent Nos.3, 4 and 5 though served.
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 and 2 to conduct enquiry against the criminal acts of the respondent Nos.4 and 5 and take appropriate action against the respondent Nos.4 and 5.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition may be disposed of with a direction to the competent authority to conduct enquiry against the criminal acts of respondent Nos.4 and 5.
4. In view of the submission made and in the facts of the case, the writ petition is disposed of with a direction to respondent No.3 to hold an enquiry into the complaint and take suitable action against respondent Nos.4 and 5 after affording an opportunity of hearing to the petitioner as well as respondent Nos.4 and 5, in accordance with law.
5. It is made clear that this Court has not expressed any opinion on merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE Mds/-