IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE P.B. BAJANTHRI CRIMINAL PETITION No.5513/2019 BETWEEN:
1.The State of Karnataka, By Sub-Inspector of Police, Moodabidre Police Station, Mangaluru, D.K.
2.The Special Executive Magistrate and Deputy Commissioner of Police, Mangaluru City (Law and Order), Mangaluru.
(By Sri. R.D. Renukaradhya, HCGP) AND:
Jaison Marshel Suvaris, Aged 30 years, S/o John Suvaris, R/at near Adarsh High School, Takode, Puchamogaru Village, Magaluru.
…Petitioners ... Respondent This Criminal Petition is filed under Section 482 of Cr.P.C., praying to setting aside the order dated 20.04.2019 passed by the III Additional District and Sessions Judge, D.K., Mangaluru in Crl.R.P.No.38/2019 wherein the learned Sessions Judge has set aside the order passed by the Spl. Executive Magistrate and the Deputy Commissioner of Police, Mangaluru dated 18.02.2019 in SEM/629/Ma Na/2019 and confirm the order dated 18.02.2019 passed by the Spl. Executive Magistrate and the Deputy Commissioner of police, Mangaluru in SEM/629/Ma Na/2019.
This Criminal Petition coming on for Admission, this day, the Court made the following:
ORDER The State aggrieved by the order dated 20.04.2019 in Criminal Revision Petition No.38/2019 passed by the III Additional District and Sessions Judge, Dakshina Kannada, Mangaluru, wherein, it has set aside the order passed by the Special Executive Magistrate and the Deputy Commissioner of Police, Mangaluru vide its order dated 18.02.2019, wherein, requested the jurisdictional police to register the complaint against the respondent under Sections 107 and 116 (3) of Cr.P.C. As a preventive measure, the jurisdictional police were ordered to take necessary action against the respondent due to Lok Sabha elections and a complaint was filed in this regard on 14.02.2019. Being aggrieved by the order of the Special Executive Magistrate and Deputy Commissioner of Police, the respondent has filed criminal revision petition. The III Addl. District and Sessions Judge, D.K., in Criminal Revision Petition No.38/2019 dated 20.04.2019, has set aside the order of the Special Executive Magistrate and Deputy Commissioner Police, Mangaluru and thus, the present petition.
2. The very object of initiating action against the respondent is over, since the Loksabha election was held in the month of February, 2019. Therefore, question of interference with the order dated 20.04.2019 in Criminal Revision petition No.38/2019 is defeated. The State should not have preferred this petition.
3. Having regard to the object of filing case against the respondent read with Loksabha Election scheduled on the date of complaint i.e., on 14.02.2019 and by the time the present petition was filed before this Court i.e., on 26.07.2019, Loksabha election was over. Hence, petition stands dismissed.
Sd/- JUDGE MH/-