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.22104 OF 2018(GM-POLICE) BETWEEN:
YESHWANTH. C S/O. CHOWDAPPA, AGED ABOUT 27 YEARS, PROPRIETOR OF AKSHAYA, SONA CHANDI PVT. LTD., NO.125/2, 9TH MAIN ROAD, JAYANAGAR, BENGALURU-560 011.
(BY MR. K B LOKANATH, ADV.) AND:
1. THE STATE OF KARNATAKA REP. BY SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001.
2. THE STATE OF KARNATAKA REP. BY COMMISSIONER OF POLICE, INFANTRY ROAD, BENGALURU-560 001.
3. THE POLICE INSPECTOR KEMPEGOWDA NAGARA POLICE STATION, BENGALURU-560 019.
… PETITIONER … RESPONDENTS (BY MR. VIJAYAKUMAR A PATIL, AGA FOR R-1 TO 3) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-3 TO EXAMINE IN RESPECT OF THE NOTICE DATED 9.5.2018 U/SEC. 91 OF THE CR.P.C. TO ONE SMT. ASHWINI AT ANENX-B.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, the petitioner is seeking for a writ of mandamus to direct the respondent No.3 to examine in respect of the Notice dated 09.05.2018 under Section 91 of the Cr.P.C to one Smt.Ashwini is produced at Annexure-B.
2. Accordingly, the writ petition is disposed of with a liberty to the petitioner that in case a representation is made to the competent authority, the same shall be decided by the competent authority within a period of four months from the date of receipt of such a representation. 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 SS