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Karnataka High Court

Association For Protection Of Civil ... vs State Of Karnataka on 11 November, 2020

Bench: Chief Justice, S Vishwajith Shetty

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 11TH DAY OF NOVEMBER, 2020
                       PRESENT
      THE HON'BLE MR. ABHAY S. OKA, CHIEF JUSTICE
                          AND
   THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
        WRIT PETITION NO.12589/2020 (GM-RES-PIL)

BETWEEN

ASSOCIATION FOR PROTECTION OF
CIVIL RIGHTS, KARNATAKA CHAPTER
A SOCIETY REGISTERED UNDER THE
REGISTRATION OF SOCIETIES ACT, DELHI
HAVING ITS KARNATAKA CHAPTER OFFICE
AT NO.273, 2ND MAIN, 1ST BLOCK
R T NAGAR, BANGALORE-560 032
REPRESENTED BY ITS SECRETARY
MOHAMMED NIYAZ S                          ...PETITIONER

(BY SRI USMAN P, ADVOCATE)

AND

1. STATE OF KARNATAKA
BY CHIEF SECRETARY
VIDHANA SOUDHA
AMBEDKAR VEEDHI
BANGALORE-560 001

2. DIRECTOR GENERAL OF POLICE
POLICE HEADQUARTERS
NRUPATHUNGA ROAD
BANGALORE-560 009

3. COMMISSIONER OF POLICE
KARNATAKA STATE POLICE
2, ALI ASKER ROAD
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VASANTH NAGAR
BENGALURU-560 051

4 . DEPUTY COMMISSIONER OF POLICE
BANGALORE EAST
ULSOOR MAIN ROAD, ULSOOR
BANGALORE-560 008

5 . INSPECTOR OF POLICE
DEVARAJEEVANAHALLI POLICE STATION
SHAMPURA MAIN ROAD
SY.NO.4, MUNIMARAPPA BLOCK
DR. AMBEDKAR NAGAR
KAVAL BYRASANDRA
BENGALURU-560 045

6 . INSPECTOR OF POLICE
K G HALLI POLICE STATION
ARABIC COLLEGE POST
NAGAWARA MAIN ROAD
VINOBHA NAGAR
KADUGONDANAHALLI
BENGALURU-560 045

7 . CENTRAL CRIME BRANCH
BY DCP CRIME
COTTONPET MAIN ROAD
SULTANPET, BAKSHI GARDENS
CHICKPET
BENGALURU-560 053

8 . NATIONAL INVESTIGATION AGENCY
IST STAGE, NEAR DOMLUR FLY OVER
DOMLUR, BENGALURU-560 071             ...RESPONDENTS

(BY SRI C M POONACHA, AGA FOR R-1 TO 7)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
 OF THE CONSTITUTION OF INDIA PRAYING MANDAMUS
DIRECTING   THE    RESPONDENTS      TO   ENSURE     THE
IMPLEMENTATION OF THE DIRECTIVES ISSUED BY THE HON'BLE
SUPREME COURT IN D.K.BASU VS. STATE OF WEST BENGAL
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CASE IN ALL SEARCH, ARRESTS, DETENTION ETC., CONDUCTED
BY THE POLICE AUTHORITIES AND TO CONSTITUTE A
COMMITTEE HEADED BY A RETIRED JUDICIAL OFFICER
PREFERABLY A RETIRED HIGH COURT JUDGE FOR ACCEPTING
COMPLAINTS AND LOOK INTO THE GRIEVANCES OF THE
PEOPLE FOR THE ALLEGED VIOLATIONS OF SUCH DIRECTIONS
WITHIN THE STATE IN GENERAL, MORE PARTICULARLY IN
RESPECT OF THE ARRESTS MADE IN CASES ARISING OUT OF
CRIME NO.195 OF 2020 AND CRIME NO.229 OF 2020 WITHIN THE
JURISDICTION OF RESPONDENT NOS.5 AND 6 RESPECTIVELY
WITH POWER TO RECOMMEND ACTION AGAINST THE ERRING
OFFICIALS AND ETC.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THROUGH VIDEO CONFERENCING THIS DAY, CHIEF
JUSTICE MADE THE FOLLOWING:

                              ORDER

After arguing the petition for sometime, when this Court was not inclined to entertain this petition in view of prayers A and C and in view of the issue of maintainability of some of the other prayers, the learned counsel appearing for the petitioner seeks permission to withdraw the petition with a liberty to file a fresh public interest litigation.

2. Though we are permitting withdrawal with liberty as prayed, we make it clear that we have not gone into the issue of maintainability of the other prayers made in the petition and all issues remain open.

3. Accordingly, the writ petition is disposed of with the liberty as prayed.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE bkv