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Karnataka High Court

Shri Kurdi S Ravikumar vs State By K.R. Puram Traffic Police on 11 October, 2018

Author: P.S.Dinesh Kumar

Bench: P.S. Dinesh Kumar

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                                      CRL.P.No.3080/2017



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 11TH DAY OF OCTOBER, 2018

                        BEFORE

   THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

        CRIMINAL PETITION NO.3080 OF 2017

BETWEEN:

SHRI KURDI S.RAVIKUMAR
S/O. SIDDAPPA
AGED 45 YEARS
RESIDING AT FLAT # 404, B-8
KAILAS HOUSING COMPLEX
JNANABHARATHI ENCLAVE
MYSORE ROAD, KENGERI
BANGALORE - 560059
                                            ... PETITIONER

(BY SHRI K.S.RAVIKUMAR, PARTY-IN-PERSON)

AND:

STATE BY K.R.PURAM TRAFFIC POLICE
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BANGALORE
                                           ... RESPONDENT
(BY SHRI S.RACHAIAH, HCGP)


      THIS CRIMINAL PETITION IS FILED UNDER SECTION 397
R/W 401 OF CR.P.C., PRAYING TO SET ASIDE THE IMPUGNED
ORDER DATED 10.08.2016 IN CRL.A. NO.505/2013 BEFORE
LVIII ADDL. CITY CIVIL AND S.J., BANGALORE (CCH-59) AND
ALLOW THE APPLICATION AND SUMMON THE REQUESTED
DOCUMENTS FROM THE CONCERNED AUTHORITIES.
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                                                   CRL.P.No.3080/2017


     THIS  CRIMINAL    PETITION  COMING    ON   FOR
ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-

                                ORDER

Heard Shri K.S.Ravikumar, petitioner/party-in- person and learned HCGP for respondent-State.

2. The petitioner submits that he has filed an application under Section 135 of Cr.P.C, requesting the learned Magistrate to issue notice to the Police Inspector, K.R.Puram police station for not providing the relevant documents sought by him under Section 91 of Cr.P.C.

3. Learned Magistrate, in his order has recorded that the petitioner has been filing similar applications one after the another and also approached the Lokayuktha for inaction on the part of the police.

4. Petitioner submits that he would be satisfied, if the document listed at Sl.No.11 is made available to him.

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CRL.P.No.3080/2017

5. Shri Rachaiah, learned HCGP submits that all notifications with regard to standard operating procedures have been uploaded in the police website.

6. The document No.11 which the petitioner is seeking reads as follows:

"11. Notification from the Additional Commissioner of Police (Traffic & Security) or the appropriate authority with regard to the procedure to be adopted while booking drunk and drive cases by Bangalore Traffic police personnel."

7. It is clear that petitioner has not given the specific date or number of the notification. Petitioner is not clear as to which notification is required by him.

8. According to the submission of learned HCGP, all notifications have been uploaded in the police website. Hence, it is open for the petitioner to take 4 CRL.P.No.3080/2017 copies of notifications which he intended to rely upon from the police website.

With the above observation, this petition is disposed of. No costs.

Sd/-

JUDGE HJ