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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7^TH DAY OF DECEMBER, 2021

BEFORE

THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

WRIT PETITION No.17231 OF 2021 (GM-RES)

BETWEEN

K. SAMBASIVAN

S/O LATE T.S.KUPPUSWAMY

AGED ABOUT 74 YEARS (SENIOR CITIZEN)

R/O NO.973, 66^TH CROSS, 17^TH 'E' MAIN

5^TH BLOCK, RAJAJINAGAR

BENGALURU-560010

... PETITIONER

[BY SRI SRINIVASAN K.R, ADV.,]

AND

1. THE STATE OF KARNATAKA

REPRESENTED BY ITS PRINCIPAL SECRETARY

DEPARTMENT OF HOME

GOVERNMENT OF KARNATAKA

VIDAHANA SOUDHA

BENGALURU-560 001

2. THE DIRECTOR GENERAL & INSPECTOR

GENERAL OF POLICE (DG & IG)

NO.2, NRUPATHUNGA ROAD

BENGALURU-560 001

3. THE POLICE SUB-INSPECTOR

VEMGAL POLICE STATION

VEMGAL

KOLAR TALUK & DISTRICT-563157

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4. R.SADANANDA

S/O LATE D.N.RUDRAPPA

AGED ABOUT 60 YEARS

RETIRED HEAD MASTER

GOVT.MODEL HIGHER PRIMARY SCHOOL

VEMGAL AND

R/O VEENA NILAYA,

NEAR SIDDESHWARA KALYANA MANTAPA

VEMGAL, VEMGAL HOBLI

KOLAR DISTRICT-563157

&.RESPONDENTS

[BY SRI.ROHITH B.J, HCGP FOR R1 TO R3]

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE

III ADDL. CIVIL JUDGE AND JMFC, KOLAR TO CONSIDER THE

APPLICATION FILED BY THE PEITTIONER UNDER SEC 340(1)

R/W SECTION 195(1)(b) OF THE CR.P.C 1973 ON 19.6.2019

AND TO CONDUCT THE PRELIMINARY ENQUIRY IN TERMS OF

SEC 340(1) OF THE CRPC 1973 ANNEXURE-K.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Heard Sri.Srinivasan K.R, learned counsel for the petitioner

and Sri.Rohith B.J, learned High Court Government Pleader for

respondent Nos.1 to 3.

2.

The petitioner has sought a writ of mandamus to the

III Additional Civil Judge and JMFC., Kolar for considering his

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application made under Section 340(1) r/w Section 195(1)(b) of

Cr.P.C.

3.

It appears that this Court in WP Nos.35667-672 of

2015 quashed the criminal proceedings in PCR No.601/2014

filed before the III Additional Civil Judge and JMFC., Kolar.

Pursuant to this order, the petitioner herein has made an

application under Section 340 of Cr.P.C, for initiating action

against the fourth respondent.

4.

If this application has remained unconsidered for

quite a long time unnecessarily, the petitioner is entitled to a

writ of mandamus. Therefore, this petition is allowed and the

III Additional Civil Judge and JMFC., Kolar is hereby directed to

consider the application made by the petitioner herein under

Section 340 of Cr.P.C and dispose it of, in accordance with law,

at the earliest.

Sd/-

JUDGE

GH