IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT APPEAL NO. 328/2019 (GM-RES) BETWEEN:
SRI S L SATHYANARAYANA S/O K LINGAPPA AGED ABOUT 58 YEARS PRESENTLY RESIDING AT # 704 PREMIER HEIGHT, ANANTHNAGAR MANIPAL, UDUPI - 576 101 ... APPELLANT (BY SRI HAREESH T. BHANDARY, ADVOCATE FOR SRI S. VISHWAJITH SHETTY, ADVOCATE) AND:
1.THE STATE OF KARNATAKA REPRESENTED BY BASAVANAGARA POLICE DAVANAGERE CITY CIRCLE DAVANAGERE - 577 002 2.THE INSPECTOR OF POLICE CIVIL RIGHTS ENFORCEMENT DIRECTORATE DAVANAGERE TALUK DAVANAGERE DISTRICT - 577 002 ... RESPONDENTS (BY SRI D. NAGARAJ, AGA) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 28/9/2018 MADE IN W.P.NO.8931/2016 BY THE LEARNED SINGLE JUDGE AND ETC.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT The learned Additional Government Advocate raises a preliminary objection as to the maintainability of the writ appeal on the ground that before the learned Single Judge, in substance, the present appellant had invoked the jurisdiction under Section 482 of the Code of Criminal Procedure, 1973.
2. We have perused the prayers made in the writ petition filed before the learned Single Judge. The substantive prayer in the writ petition is prayer (a), which reads thus:
“a) Issue writ of certiorari or any other appropriate writ or direction quashing the entire proceedings pending before the Court of Principal District and Sessions Judge, Davanagere in Special Case (SC & ST) No.2/2015 for the offence punishable under section 198, 420 of I.P.C read with section 3(1)(9) of SC and the ST (Prevention of Attrocities) Act, 1989 vide Annexure-A.”
3. It is thus crystal clear that the appellant prayed for quashing the proceedings of special case for various offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and certain offences under the Indian Penal Code. As the prayer in substance before the learned Single Judge was the one under Section 482 of the Code of Criminal Procedure, 1973, the power exercised by the learned Single Judge is under Section 482 of the said Code. Hence, this writ appeal is not maintainable and is accordingly dismissed only on that ground. However, the remedy of the appellant of challenging the impugned order is kept open.
The pending applications stand disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE bkv