IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.16080 OF 2019 (GM-POLICE) BETWEEN:
SRI. PRABHAKARAN RAJAN S/O RAJAN, AGED ABOUT 38 YEARS RESIDING AT NO.10, DIO HEIGHTS LAYOUT, 4TH B CROSS, DEVARACHIKANAHALLI, BENGALURU - 560 068.
… PETITIONER (By MR.SKANDA R K RAO, ADV. FOR MR. T N VISWANATHA, ADV.) AND:
1. THE INSPECTOR OF POLICE BEGURU POLICE STATION, BENGALURU CITY KARNATAKA STATE-571109 2. STATE OF TAMIL NADU REP. BY THE DIRECTOR GENERAL OF POLICE MYLAPORE CHENNAI - 600 004.
3. THE SUPERINTENDENT OF POLICE THIRUVANNAMALAI DISTRICT THIRUVANNAMALAI - 606601 4. THE INSPECTOR OF POLICE (CRIME) THIRUVANNAMALAI TOWN POLICE STATION, THIRUVANNAMALAI DISTRICT - 606601 … RESPONDENTS (By MR.VIJAY KUMAR A PATIL, AGA FOR R1 MR.M S RAJENDRA PRASAD, SR. COUNSEL FOR MR.PRANOY KUMAR, ADV. FOR R4, R2 & 3 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO INVESTIGATE IN RESPECT OF CR.NO.150/2018 AND CR.NO.246/2017 BY SECURING THE ACCUSED/RECEIVED WITH THE ASSISTANCE OF R-2, 3 AND 4 AND TO INITIATE APPROPRIATE CRIMINAL PROCEEDINGS IN ACCORDANCE WITH LAW, AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Skanda R.K. Rao, learned counsel for Mr.T.N.Viswanatha, learned counsel for the petitioner.
Mr.Vijay Kumar A.Patil, learned Additional Government Advocate for the respondent No.1.
Mr.M.S.Rajendra Prasad, learned Senior counsel for Mr.Pranoy Kumar, learned counsel for the respondent No.4.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia has prayed for the following relief:
(a) Issue a writ of mandamus directing the 1st respondent to investigate in respect of Cr.No.150/2018 and Cr.No.246/2017 by securing the accused/receiver with the assistance of 2nd, 3rd and 4th respondents and to initiate appropriate criminal proceedings in accordance with law.
4. When the matter was taken up today, learned Additional Government Advocate submitted that pursuant to the complaint filed by the petitioner, the first information report has been registered, investigation has been completed and police shall file the final report within three months from today. It is also submitted that three accused have been arrested whereas one accused is absconding.
5. On the other hand, learned Senior counsel for the respondent No.4 submits that the respondent No.4 is ready to co-operate and render possible assistance to the investigation.
6. In view of the aforesaid submissions and in the facts of the case, the petition is disposed of with a direction to the Investigating Officer to file the final report within three months from today.
Sd/- JUDGE RV