Sri Nagaraj (Nayan) S/O Kannappa vs The Post Commander on 10 December, 2020

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Karnataka High Court

Sri Nagaraj (Nayan) S/O Kannappa vs The Post Commander on 10 December, 2020

Bench: Suraj Govindaraj

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 10TH DAY OF DECEMBER, 2020

                       BEFORE

       THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

     WRIT PETITION NO.14459 OF 2020 (GM RES)
BETWEEN:
1.     SRI NAGARAJ (NAYAN) S/O KANNAPPA
       AGED ABOUT 37 YEARS
       R/AT NO.1015/A, 59TH 'C' CROSS
       4TH M BLOCK, RAJAJINAGAR
       BENGALURU - 560 010.

2.   SRI V.M. SRINIVAS S/O MUNIVENKATAPPA
     AGED ABOUT 45 YEARS
     R/AT NO.1, FLAT NO.S-4
     SRI MARUTHI RESIDENCY
     GULLAPPA LAYOUT, HEBBAL
     BENGALURU - 560 024.
                                    ... PETITIONERS
(BY SRI NANJA REDDY P N, ADVOCATE)

AND:

1.     THE POST COMMANDER
       RAILWAY PROTECTION FORCE
       SOUTH WESTERN RAILWAY
       BYAPPANAHALLI
       BENGALURU - 560 033.

2.     SRI RAKESH KUMAR MOURYA
       RAILWAY PROTECTION FORCE
       SOUTH WESTERN RAILWAY
       CONTONMENT RAILWAY STATION
       BENGALURU - 560 046.
                                     ... RESPONDENTS
                                 2               W.P.No.14459/2020



     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA TO QUASH
THE BYPL CR.NO.71/2020 DATED 16.08.2020 ANNEXURE-
E REGISTERED BY THE R-1 AS THE SAME ARE ILLEGAL,
ARBITRARY AND ALSO IN VIOLATION OF THE PRINCIPLES
OF NATURAL JUSTICE.

     THIS WRIT PETITION COMING ON FOR 'ORDERS',
THIS DAY, THE COURT MADE THE FOLLOWING:


                        ORDER

1. Sri P N Nanja Reddy, learned counsel appearing for the petitioners seeks for two weeks time to comply with office objections. However, he requests for the matter to be taken up for hearing pending compliance due to urgency.

2. The office objections not come in the way of consideration of the above matter. His request is acceded to and the matter is taken up for hearing.

3. The petitioners are before this Court seeking for certiorari or any other appropriate writ for 3 W.P.No.14459/2020 quashing the proceedings in BYPL Crime No.71/2020 dated 16.08.2020 as also for mandamus directing respondents not to proceed with the case and further mandamus to pay damages to the petitioners for the alleged illegal acts by the respondents.

4. The proceedings in BYPL Crime No.71/2020 registered by South Western Railway, for the offences punishable under Section 143 of Railways Act, 1989 alleging that the petitioners and certain others had indulged in unauthorized business of procuring and selling E-tickets more so by using personal I.D's instead of user details of persons traveling. This being serious offence, the proceedings have taken up and investigation is under progress.

4 W.P.No.14459/2020

5. Sri P N Nanja Reddy submitted that petitioner No.1 is a music composer and he is nowhere connected to the alleged crime. He further submits that the petitioner not being involved in the said offences, he is being unnecessarily dragged into the matter. On these grounds, he seeks for quashing of the proceedings.

6. A perusal of the papers indicates that various actions have been taken by the respondents in order to investigate the booking of tickets by using personal ID's in unauthorized manner far and on behalf of the petitioners. The only contention of the learned counsel for the petitioners is that the petitioners are not involved in the said offence. At this stage, this Court cannot give a finding as to whether the petitioners are involved or not in the said offence, more so where investigation is in 5 W.P.No.14459/2020 progress, reserving liberty to the petitioners to challenge charge sheet if laid, the petition is dismissed.

Sd/-

JUDGE nms

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