- 1 - NC: 2025:KHC:6910 WP No. 30789 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 30789 OF 2019 (GM-RES) BETWEEN: SMT. CHARUSMITHA.P.N. W/O. SANDEEP GURURAJ, AGED ABOUT 31 YEARS, PRESENTLY RESIDING AT B-04, V.K.RESIDENCY, DR. SHIVRAMAKARANTH ROAD, CHIKKALASANDRA, BANGALORE-560 061. …PETITIONER (BY SRI. ARJUN HEBBAR., ADVOCATE FOR SRI. GAUTHAM.S.BHARADWAJ., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE SECRETARY, DEPARTMENT OF INTERNAL AFFAIRS, (POLICE SERVICE), VIDHANA SOUDHA, BANGALORE-560 001. 2. DEPUTY SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560 001. CUBBON PARK, BENGALURU-560 001. 3. THE DIRECTOR, DEPARTMENT OF PROSECUTION AND GOVERNMENT LITIGATION, 6TH FLOOR, KHB COMPLEX, CAUVERY BHAVAN, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6910 WP No. 30789 of 2019 KEMPEGOWDA ROAD, BANGALORE-560 009. 4. SRI. C.V.NAGESH SENIOR ADVOCATE, # 13, GANGE, PATALAMMA TEMPLE ROAD, BENGALURU-560 004. 5. SRI. SATHYANARAYANA CHALKE ADVOCATE, # 22, FIRST FLOOR, 1ST CROSS, VISHWANATHA RAO ROAD, MADHAVANAGAR, BENGALURU-560 001. 6. SRI. M.R.ANEEL # 13, GANGE, PATALAMMA TEMPLE ROAD, BENGALURU-560 004. …RESPONDENTS (BY SRI. SRINIVASKUMAR., HCGP FOR R1 TO 3; R4, 5 & 6-ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Arjun Hebbar., counsel on behalf of Sri.Gautam S.Bharadwaj., for the petitioner has appeared through video conferencing. Sri.Srinivas Kumar., HCGP for respondents 1 to 3 has appeared in person. - 3 - NC: 2025:KHC:6910 WP No. 30789 of 2019 An Emergent notice to respondents 4 to 6 was ordered on 24.07.2019. A perusal of the office note depicts that respondents 4 to 6 are served and unrepresented. They are neither engaged the services of an advocate nor conducted the case as a party in person. 2. The captioned Writ Petition is filed seeking following reliefs: a. Issue an appropriate Writ/ Order/ direction to quash the Government Notification dated:21.01.2019 bearing No:HD 757 HCP-2.2019 issued by the second respondent appointing the fourth respondent as a Special Public Prosecutor and respondents 5 and 6 as the Assistant Special Public Prosecutor for conducting all the cases before this Hon'ble Court arising out of Crime No.257/2018 registered by Cubbon Park Police Station, Bengaluru City vide Annexure-A. b. Issue an appropriate Writ/ order/ direction quashing Government Notification dated:30.01.2019 bearing No:HD 757 HCP-2.2019 issued by the second respondent appointing the fourth respondent as a Special Public - 4 - NC: 2025:KHC:6910 WP No. 30789 of 2019 Prosecutor and respondent No.5 to assist the Special Public Prosecutor, for conducting all the cases before this Hon'ble Court arising out of Crime No.257/2018 registered by Cubbon Park Police Station, Bengaluru City vide Annexure-B c. To appoint a independent and impartial Special Public Prosecutor to prosecute cases arising out of Crime No.257/2018 registered by Cubbon Park Police Station, Bengaluru City and now registered as C.C.No.7559/2019 in Crime No.257/2018 registered by Cubbon Park Police Station, Bengaluru City and now registered as C.C.No.7559/2019 pending on the file of IV Addl. Chief Metropolitan Magistrate Bangalore. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ paper with care. 4. HCGP submits that a memo has been filed stating that by virtue of the Notification dated:29.03.2019, Smt.Shailaja K.Nayak., has been appointed as Public Prosecutor to conduct the case in Crime No.257/2018 - 5 - NC: 2025:KHC:6910 WP No. 30789 of 2019 registered by Cubbon Park Police Station, Bengaluru City and now registered as C.C.No.7559/2019. HCGP therefore, submits that the memo may be placed on record and an appropriate order may be passed. The oral submission made by HCGP and the memo is placed on record. 5. A perusal of the memo along with the Notification dated:29.03.2019 reflects that Smt.Shailaja K.Nayak., has been appointed as Public Prosecutor to conduct the case in Crime No.257/2018 registered by Cubbon Park Police Station, Bengaluru City and now registered as C.C.No.7559/2019. Hence, nothing survives for consideration in the present Writ Petition. 6. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 33