Karnataka High Court
Ms Amreen Taj vs The Commissioner Of Police on 3 December, 2018
Author: B.Veerappa
Bench: B. Veerappa
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF DECEMBER, 2018
BEFORE
THE HON' BLE MR. JUSTICE B. VEERAPPA
WRIT PETITION No.53090/2018(GM-POLICE)
BETWEEN:
MS. AMREEN TAJ,
AGED ABOUT 26 YEARS,
D/O SYED GAFOOR
RESIDING AT NO.203/3,
3RD CROSS, DEVARAJA URS NAGAR,
OLD GUDDADAHALLI,
BANGALORE-560 018.
... PETITIONER
(BY SRI SUNIL KUMAR H., ADVOCATE)
AND:
1. THE COMMISSIONER OF POLICE
INFANTRY ROAD,
BANGALORE-560 001.
2. MR.MOHAMMED KHAN
S/O USMAN KHAN
AGED ABOUT 29 YEARS,
RESIDING AT NO.57,
8TH MAIN ROAD
PADARAYANAPURA, SANGAM CIRCLE,
BANGALORE-560 026.
3. MR.LINGARAJU
CIRCLE INSPECTOR OF POLICE
JAGJEEVANRAMNAGAR POLICE STATION
BANGALORE-560 026
4. MS. GEETHALAKSHMI
INSPECTOR OF POLICE
2
JAGJEEVANRAMNAGAR POLICE STATION,
BANGALORE-560 026.
... RESPONDENTS
(BY SRI VIJAYKUMAR A PATIL ADDITIONAL GOVERNMENT
ADVOCATE FOR R1;
VIDE ORDER DATED 3.12.2018 SERVICE OF NOTICE ON R2 TO
R4 IS DISPENSED WITH)
...
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO TRANSFER
THE INVESTIGATION TO CID/CCB OF POLICE FROM
JAGJEEVANRAMNAGAR POLICE STATION AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has filed the present writ petition for a writ of mandamus directing the 1st respondent- Commissioner of Police to transfer the investigation to CID/CCB of Police from Jagjeevanramnagar Police Station and to take disciplinary action against respondent Nos.3 and 4 as per the representations dated 12.7.2018 - Annexures-D, D1 to D5 in respect of Crime No.171/2018 registered for the offences punishable under Sections 417 and 376 of the Indian Penal Code.
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2. It is the case of the petitioner that she is the resident of Hosahalli Main Road, Padarayanapura, Bangalore and she came in contact with the 2nd respondent, who is also the resident of Padarayanapura, Bangalore in the year 2012. He was running a mobile service and recharge centre. While the petitioner was going to his shop to recharge her phone balance, she developed friendship with respondent No.2 which slowly turned into relationship. He then proposed the petitioner for physical relationship with her in his shop and in his house. Thereafter, on petitioner refusing to have physical relationship, respondent No.2 promised her that he would marry her if she agrees for a physical relationship with him and he secretly recorded the sexual act and took photographs of the petitioner without any cloths and started blackmailing her. Thereafter, the petitioner lodged a complaint before the jurisdictional police, who in turn though registered a criminal case, did not proceed properly. Since 4 respondent Nos.3 and 4 also colluded with the 2nd respondent, the petitioner has filed the present writ petition for the relief sought for.
3. Sri Vijay Kumar A Patil, learned Additional Government Advocate on taking notice for respondent No.1 submits that in pursuance of the representations made by the petitioner, the Commissioner of Police has already transferred the investigation in Crime No.171/2018 for the offences punishable under Sections 417 and 376 of the Indian Penal Code from Jagjeevanramnagar Police Station to the Chandra Layout Police Station and investigation is going on. He further brought to the notice of this Court that with regard to taking action against respondent Nos. 3 and 4, on the complaint made by the petitioner, the Additional Commissioner of Police has issued notice on 14.8.2018 to the petitioner as well as to respondent Nos. 3 and 4 respondents, but the petitioner has not appeared on the 5 date fixed i.e., on 17.8.2018. Therefore, he submits that the prayers sought in the writ petition do not survive for consideration.
4. Having heard the learned Counsel for the parties, the matter is very sensitive and taking into consideration, the sensitiveness of the matter, the Commissioner of Police rightly has transferred the case i.e., Crime No. 171/2018 registered for the offences punishable under Sections 417 and 376 of the Indian Penal Code from Jagjeevanramnagar Police Station to Chandra Layout Police Station and the matter is under investigation by the Chandra Layout Police.
5. It is also not in dispute that though notice dated 17.8.2018 on the said complaint as requested by the petitioner came to be issued for taking action against respondent Nos.3 and 4, the petitioner has not appeared on the date fixed by the Additional Commissioner of Police i.e., on 17.8.2018. If the 6 petitioner is really interested in prosecuting the complaint against respondent Nos.3 and 4, she ought to have appeared before the Additional Commissioner of Police in response to the notice dated 14.8.2018.
6. In view of the above, the first prayer sought has already been given effect to by the Commissioner of Police transferring the complaint from Jagjeevanramnagar Police Station to Chandra Layout Police Station and the said prayer does not survive for consideration.
7. In so far as taking action against respondent Nos.3 and 4, it is for the petitioner to bring it to the notice of the Additional Commissioner of Police and request for a date and submit the report.
Accordingly, writ petition is disposed of.
Sd/-
Judge Nsu/-