IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.17129 OF 2018 (GM-POLICE) BETWEEN:
SRI STANISLOUS CRASTA S/O. LATE JOHN CRASTA, AGED ABOUT 66 YEARS, RESIDING AT FLAT NO. 502, 5TH FLOOR, SERRAO RESIDENCY, KINI KAMBLA POST, KAIKAMBA - 574151.
MANGALORE TALUK D.K. - 574 151. (BY SRI.ARUNA SHYAM.M, ADV.) AND:
1. THE STATE OF KARNATAKA … PETITIONER REPRESENTED BY COMMISSIONER OF POLICE, MANAGALORE CITY-575 001 DAKSHINA KANNADA DISTRICT.
2. THE STATION HOUSE OFFICER BAJPE POLICE STATION, BAJPE, MANGALORE TALUK-575 001 3. THE STATE BANK OF INDIA REPRESENTED BY THE CHIEF MANAGER, THE STATE BANK OF INDIA, KANKANADY BRANCH, P.B. 528, FR. MULLER ROAD, KANKANADY, MANGALORE - 575002.
… RESPONDENTS (BY SRI.VIJAY KUMAR A PATIL, AGA FOR R-1 AND R-2;
SRI B.L.GURU, ADV. FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 AND 2 TO REGISTER THE CRIMINAL CASE AS PER THE COMPLAINT DATED:22.03.2018 (ANNEXURE-A) AND REPRESENTATION DATED:23.03.2018 (ANNEXURE-A1) AND INVESTIGATE THE SAID COMPLAINT AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Aruna Shyam.M, learned counsel for the petitioner.
Sri.Vijay Kumar A. Patil, learned Additional Government Advocate for respondent Nos.1 and 2.
Sri.B.C.Guru, learned counsel for respondent Nos.3.
In this petition, the petitioner inter alia seeks for a direction to respondent Nos.1 and 2 to register the criminal case as per the complaint dated 22.03.2018 (Annexure-A) and representation dated 23.03.2018 (Annexure-A1) and investigate the said complaint.
2. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition may be disposed of with liberty to the petitioner to file a fresh representation to the competent authority with regard to his grievance and the competent authority be directed to decide the representation submitted by the petitioner in accordance with law.
3. In view of the submission made and in the facts of the case, the writ petition is disposed of with liberty to the petitioner that in case a fresh representation is made by him to the competent authority within a period of two weeks from the date of receipt of the certified copy of the order passed today, the same shall be considered and decided by the competent authority in accordance with law by a speaking order within a period of four months from the date of receipt of such representation.
4. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE dn/-