IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.47211 OF 2014 (GM – POLICE) BETWEEN:
SRI.UMESH, S/O SRI.MUTTAPPA REDDY, AGED ABOUT 34 YEARS, RESIDING AT NO.4, RAGHAVENDRA SWAMY TEMPLE ROAD, B.D.A.LAYOUT, HULIMAVU, BANNERGHATTA ROAD, BANGALORE – 560 076.
(BY SRI. C.V.SUDHINDRA, ADV. - ABSENT) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY SECRETARY, DEPARTMENT OF HOMES, VIDHANA SOUDHA, BANGALORE – 01.
2. THE COMMISSIONER OF POLICE, BANGALORE CITY, INFANTRY ROAD, BANGALORE – 01.
3. STATION HOUSE OFFICER, HULIMAVU POLICE STATION, …PETITIONER HULIMAVU, BANGALORE – 560 076.
(BY SRI.VIJAYA KUMAR A. PATIL, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO REGISTER A CASE IN RELATION TO TAKING OVER OF THE CABLE BUSINESS AND CONDUCT PROPER & FAIR INVESTIGATION AND ETC., THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Vijay Kumar A. Patil, learned Additional Government Advocate, for the respondents.
2. In this petition, the petitioner inter alia has prayed for the following relief:
(1) Direct the respondent to register a case in relation to taking over of the cable business and conduct proper and fair investigation.
(2) Direct the respondent-State to entrust the investigation of the said case registered as Cr.No.358/2013 to a impartial IPS officer of the cadre of DCP or above to conduct fair and impartial investigation and file the report to this Hon’ble Court.
3. When the matter was taken up today, learned Additional Government Advocate submitted that the investigation pertaining to Cr.No.358/2013 has already been concluded and a ‘B’ report has been filed before the competent Court.
4. In view of the aforesaid submission, nothing survives for adjudication in this writ petition. However, the same is disposed of with the liberty to the petitioner to take recourse to such remedy as may be available to him under law.
5. Accordingly, the petition is disposed of.
Sd/- JUDGE RD