Karnataka High Court
Sri Dinesh Kallahalli vs State Of Karnataka on 20 June, 2018
Bench: Chief Justice, Krishna S Dixit
W.P.No.13102/2018
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2018
PRESENT
HON'BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON'BLE MR.JUSTICE KRISHNA S. DIXIT
WRIT PETITION NO.13102 OF 2018 (GM-POLICE)
BETWEEN:
SRI. DINESH KALLAHALLI
S/O RAMAIAH
AGED ABOUT 39 YEARS
R/O KALLAHALLI VILLAGE AND POST
KANAKPURA TALUK
RAMANAGAR DISTRICT - 562 117
... PETITIONER
(BY SRI.ASHWIN VAISH, ADVOCATE FOR
SRI.S.MANJUNATH, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY OFFICER IN-CHARGE
R.T.NAGAR POLICE STATION
BANGALORE CITY
BANGALORE - 560 032
2. MR.K.MUNIRAJU
S/O LT.KEMPANNA
AGED ABOUT 50 YEARS
R/O 223/1, 16TH CROSS
8TH MAIN, NEXT TO WATER TANK
SAHAKAR NAGAR
BENGALURU - 560 092
W.P.No.13102/2018
-2-
3. MRS.PUSHPA
W/O K.MUNIRAJU
AGED ABOUT 40 YEARS
R/O. 366, KMP ARCADE
R T NAGAR MAIN ROAD
BANGALORE - 560 032 ... RESPONDENTS
(BY SRI.D.NAGARAJ, AGA)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT TO THE RESPONDENT NO.1 TO FILE A STATUS
REPORT/CASE DAIRIES TO APPRISE THIS HON'BLE COURT
ABOUT THE STEPS TAKEN TILL DATE IN FIR BEARING CRIME
NO.153/2017 PENDING BEFORE THE 56TH ADDL. CMM COURT,
NRUPATHUNGA ROAD, BANGALORE AT ANNEXURE-B, AND
ETC.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER
Having filed an FIR, which is registered as Crime No.153/2017 at R.T.Nagar Police Station, Bengaluru, the petitioner has preferred this writ petition with the prayer that the respondent No.1 be directed to file status report/case diaries about the steps taken in the said FIR or to transfer the investigation to the Central Bureau of Investigation ('CBI').
On 12.04.2018, this petition, originally framed as a 'GM-Police' petition, was placed before a learned Single W.P.No.13102/2018 -3- Judge of this Court, who found, on the submissions made on behalf of the petitioner, that the petitioner was not having any personal interest in the matter; and considered it proper that the matter be placed before the Bench dealing with public interest litigation ('PIL'). The learned Single Judge observed as under:
"The petitioner claims to be a socially aware and social activist who has prayed that a direction should be issued to the respondent No.1, namely, the Officer In-charge, R.T.Nagar Police Station, to inform this Court as to the steps taken by him in the FIR bearing Crime No.153/17. However, the petitioner claims that he has no personal interest in the case, but the writ petition has been filed only in the public interest litigation.
Therefore, the Registry is directed to place this case before the proper Bench having the roster of PIL."
Having heard learned counsel for the petitioner and having perused the material placed on record, we are not persuaded to entertain this matter as a public interest litigation.
In the synopsis and brief statement of facts, the petitioner has pointed out as follows: W.P.No.13102/2018 -4-
"At the very outset, it is pertinent to mention that the properties which are the subject matter of the crime in question are also the subject matter of the Supreme Court of India appointed SEBI/Hon'ble Justice Lodha Committee which has been tasked with selling the properties belonging to prime accused, namely, PGF Limited and PACL Limited and refunding the monies of the victims vide order dated 02.02.2016 passed by the Hon'ble Supreme Court of India in Civil Appeal No.13301/2015.
The said properties are subject matter of FIR registered by the CBI on directions of the Hon'ble Supreme Court of India."
Hence, as per the assertion of petitioner himself, the properties and the transactions referred to in this petition are the subject matter of an FIR registered by CBI on the directions of the Hon'ble Supreme Court of India.
In view of the facts stated in the petition and the overall circumstances, we find no reason to entertain this petition, where the petitioner seeks direction to the respondents to file status report about the steps taken in the FIR filed by him or to transfer the investigation to CBI. W.P.No.13102/2018 -5-
The exercise of PIL jurisdiction in this matter is declined. The petition stands rejected.
However, the petitioner is otherwise at liberty to take recourse to appropriate remedies in accordance with law, in case of any legal grievance existing.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE AHB