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2025 DAILYLAW 36235 (KAR)

SRI. CHANDAPPA GOWDA v. THE GOVERNMENT OF KARNATAKA

WP/33233/2024 · 2025-01-07

R Devdas

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Judgment text

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- 1 - NC: 2025:KHC:199 WP No. 33233 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 33233 OF 2024 (GM-POLICE) BETWEEN: SRI. CHANDAPPA GOWDA S/O. POOVANI GOWDA, AGED ABOUT 54 YEARS, R/AT PANGALA HOUSE, DHARMASTHALA VILLAGE, BELTHANGADY TALUK, D.K. DISTRICT 574 216 …PETITIONER (BY SRI. BALAKRISHNA M.R., ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA, REP. BY ITS HOME SECRETARY, VIDHANA SOUDHA, BENGALURU 560 001. 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, NRUPATHUNGA ROAD, BENGALURU 560 001 3. THE ADDITIONAL GENERAL OF POLICE INSPECTOR GENERAL OF POLICE, (CRIME AND TECHNICAL SERVICES), POLICE HEAD QUARTERS, Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:199 WP No. 33233 of 2024 NRUPATHUNGA ROAD, BENGALURU 560 001. 4. THE INSPECTOR GENERAL OF POLICE, WESTERN RANGE, MANGALORE 575 001. 5. THE SUPERINTENDENT OF POLICE D.K. DISTRICT, MANGALORE 575 004 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 4 TO IMPLEMENT THE DIRECTION ISSUED BY THE HONBLE L ADDL. CITY CIVIL AND SESSIONS JUDGE, (CHILDREN COURT) (SPECIAL), AT BENGALURU (CCH-51) IN SPECIAL CC.NO.203/2016 AS PER ANNEXURE-A AND THE ORDER PASSED BY THIS COURT IN W.P.NO. 3301/2024 C/W W.P.NO. 5871/2024 DATED. 30.08.2024 AS PER ANNEXURE-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The writ petition is filed by a complainant in a criminal case seeking a writ of mandamus to direct respondent Nos.2 to 4 to implement the directions issued - 3 - NC: 2025:KHC:199 WP No. 33233 of 2024 by the learned City Civil and Sessions Judge in Spl.C.C.No.203/2016 and orders passed by the Division Bench of this Court in Crl.A.Nos.3301/2024 and 5871/2024 dated 30.08.2024. 2. Learned City Civil and Sessions Judge decided the criminal case by a judgment dated 16.06.2023 acquitting the accused of the charge brought against him. However, directions were issued by the learned judge to place before the acquittal committee a copy of the judgment for initiating needful action against the erring officials, because of whose action the sessions Court had to pass an order of acquittal against the accused persons. The prosecution, State by the Central Bureau of Investigation, preferred a Criminal Appeal before a division bench of this Court in C.A.No.2150/2023 which was also dismissed by order dated 30.08.2024. The Division Bench also considered two writ petitions filed at he hands of the petitioner herein in W.P.Nos.3301/2024 and 5871/2024 and while dismissing the writ petitions, it was observed - 4 - NC: 2025:KHC:199 WP No. 33233 of 2024 that the learned Special Public Prosecutor-II made a submission that the trial Court has given a direction and the Committee has initiated action. Therefore, the Hon'ble Division Bench opined that the process should be expedited. 3. In this writ petition, the petitioner is once again seeking direction to the acquittal committee to implement the directions issued by the learned City Civil and Sessions Judge and the Division Bench of this Court. In the considered opinion of this Court such a direction can only be issued by the Division Bench which had passed the orders. Therefore, this writ petition stands disposed of reserving liberty to the petitioner to file necessary application before the Hon'ble Division Bench and seek appropriate directions. Sd/- (R DEVDAS) JUDGE rv CT:SNN