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2021 DIGILAW 518 (KAR)

Jakka Vinod Kumar Reddy S/o Late. J. Narasimha v. State By Whitefield Police Station Whitefield Main Road Beside Prestige White Meaddows Sathya Sai Layout, Whitefield Rep By Its Spp High Court Of Karnataka At Bengaluru

2021-03-31

H.P.SANDESH

body2021
ORDER : This petition is filed under Article 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying this Court to pass an appropriate writ directing the I Additional Chief Judicial Magistrate, Bengaluru or in-charge Court to consider the protest petition filed by the petitioner with respect to ‘B’ Report vide Annexure-E filed by the respondent police in PCR No.108/2020 pertaining to Crime No.169/2020 and disposed of as expeditiously as possible within 4 weeks time frame produced at Annexure-F and grant such other reliefs as deems fit in the facts and circumstances of the case. 2. The factual matrix of the case is that the petitioner had filed the private complaint before the learned Magistrate and based on the complaint, the learned Magistrate referred the matter for investigation under Section 156(3) of Cr.P.C. Though the police have filed the ‘B’ Report on 27.10.2020, the matter has not been taken up by the learned Magistrate. Hence, there is an urgency in the matter and the same has to be considered in accordance with law. 3. The learned High Court Government Pleader appearing for the State submits that in view of the prayer sought, the matter may be taken up for consideration. 4. The question of issuing the notice against respondent Nos.2 and 3 does not arise for the reason that after the investigation, the ‘B’ Report is filed. 5. Having heard the learned counsel for the petitioner and learned HCGP appearing for the State, the only relief sought is to direct the I Additional Chief Judicial Magistrate, Bengaluru or in-charge Court to consider the protest petition filed by the petitioner on the ‘B’ Report filed by the police. The contention of the learned counsel for the petitioner is that the protest petition has been filed on the ‘B’ Report on 16.12.2020 and the same has not been considered by the learned Magistrate. 6. Having considered the submission made by the learned counsel for the petitioner and also that the B report was filed on 27.10.2020, the petitioner had voluntarily approached the Court and filed the protest petition. Hence, it is appropriate to direct the learned Magistrate, or in-charge Magistrate to consider the same within 6 weeks from today in accordance with law. With these observations, the writ petition is disposed of.