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2025 DAILYLAW 19910 (KAR)

K VIVEKANANDAN v. STATE OF KARNATAKA

WP/49186/2017 · 2025-03-17

Suraj Govindaraj

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Judgment text

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- 1 - NC: 2025:KHC:11162 WP No. 49186 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 49186 OF 2017 (GM-RES) BETWEEN: K VIVEKANANDAN S/O LATE M KRISHNAN AGED 57 YEARS, R/A NO.270, PANCHASHEELANAGAR, 1ST MAIN, MOODALAPALYA NAGARBHAVI POST BENGALURU-560072 REPRESENTED BY GPA HOLDER SAVIO PEREIRA S/O TOMAS PEREIRA, AGE: 48 3RD FLOOR, 573, 5TH AVENUE, TEACHER COLONY, VENKATA PURA, KORAMANGALA BENGALURU-560034. …PETITIONER (BY SRI. K VIVEKANANDAN., PARTY-IN-PERSON) AND: 1. STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY GOVERNMENT OF KARNATAKA ROOM NO.320, 3RD FLOOR VIDHANA SOUDHA BENGALURU-560 001 2. FORENSIC SCIENCE LABORATORY REPRESENTED BY DCP SARJAPUR ROAD MADIWALA BENGALURU-560068 3. S H O & P I BASAVESHWARA NAGAR P S Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11162 WP No. 49186 of 2017 1ST CROSS, RD, WEST OF CHORD ROAD 1ST STAGE, BASAVESHWAR NAGAR BENGALURU-560079 4. KARNATAKA MEDICAL COUNCIL REPRESENTED BY THE REGISTRAR 16/6, MILLER TANK BUND ROAD, VASANTH NAGAR BENGALURU KARNATAKA-560052 …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA FOR R1 TO R3; SRI. D.S. HOSMATH., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS TO RESPONDENT NO. 4 TO MAKE CORRECTIONS IN THE CROSS-EXAMINATION IN COMPLAIBNT NO. KMC / ENQ/ 70/2014 WHICH HAS BEEN WRONGLY DICTATED BY OPPONENT LAWYER (WITHOUT MODERATION) AT ANNEX-C AND D AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of mandamus to R4 Karnataka Medical Council to make corrections in the Cross- examination in Complaint no. KMC/ENQ/70/2014 which has been wrongly dictated by Opponent lawyer (without moderation) (submitted as Annexure-C & D) b. Set aside Unreasoned order of R4 Karnataka Medical Council in Compliant KMC/ENQ/70/2014 - 3 - NC: 2025:KHC:11162 WP No. 49186 of 2017 rejecting application for allowing Dr. Savio Pereira as GPA Holder in the KMC proceedings, and thereafter pass orders to Allow Medico-legal Expert Dr. Savio Pereira to the GPA holder for the Complaint K. Vivekanandan in the proceedings of Karnataka Medical Council (Submitted as Annexure Nos. A & B) c. Direct the R4 Karnataka Medical Council to direct the Doctors in R2 Forensic Science Laboratory to be called as Witnesses, and give detailed Opinion on Cause of death and type of Myocarditis (Submitted As Annexure-E) 2. The petitioner-party-in-person submits that the petition may be dismissed as withdrawn. 3. Accepting the submission of the petitioner-party-in- person, the Writ Petition is dismissed as withdrawn. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 60