Karnataka High Court
Kempegowda vs The State Of Karnataka on 29 June, 2022
Bench: S.G.Pandit
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.G.PANDIT
WRIT PETITION NO.10741 OF 2022 (GM - POLICE)
BETWEEN:
KEMPEGOWDA,
S/O RAMEGOWDA,
AGED ABOUT 44 YEARS,
R/A NO.7/1, 1ST CROSS,
JNANAKSHI LAYOUT,
OPPOSITE TO JNANAKSHI SCHOOL,
MANIPAL HOSPITAL MAIN ROAD,
BENGALURU - 560 096.
...PETITIONER
(BY SRI. ANKIT CHAHARIA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY THE
UNDER SECRETARY TO GOVERNMENT,
HOME DEPARTMENT,
DR. AMBEDKAR VEEDHI,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE COMMISSIONER OF POLICE,
BENGALURU CITY,
BENGALURU - 560 001.
2
3. INSPECTOR OF POLICE,
KAGGALIPURA POLIE STATION,
BENGALURU - 560 082.
4. V. GOVINDRAJU,
S/O NOT KNOWN,
AGED-MAJOR,
NO.56, KAGGALIPURA VILLAGE
AND POST, A.K. COLONY,
KANAKAPURA MAIN ROAD,
BENGALURU - 560 082.
...RESPONDENTS
(BY SRI.M.VINOD KUMAR, AGA FOR R1 TO R3;
NOTICE NOT ORDERED IN RESPECT OF R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING
TO:
(1) DIRECT TO R-1 TO R-3 TO IMMEDIATELY
EXECUTE THE CONVICTION WARRANT ISSUED IN CC
14345/2017 ON THE FILE OF XXVI ACMM AND COURT OF
SMALL CAUSES AT BENGALURU (SCCH-9) APPARENT
FROM THE ORDER SHEET VIDE ANNEXURE - B;
(2) DIRECT R-1 AND R-2 TO IMMEDIATELY TAKE
DISCIPLINARY ACTION AGAINST R-3 FOR NON
EXECUTION OF WARRANT AND DISOBEDIENCE DESPITE
SHOW-CAUSE NOTICE APPARENT FROM THE ORDER
SHEET VIDE ANNEXURE - B;
3
(3) ISSUE APPROPRIATE WRITS OR ORDERS/
GUIDELINES / DIRECTIONS TO ALL THE MAGISTRATES /
COURTS ACROSS THE STATE OF KARNATAKA, FOR
PROMPT AND SWIFT EXECUTION OF THE WARRANTS
INCLUDING THE CONVICTION WARRANTS AND OTHER
COERCIVE ORDERS ISSUED BY THE TRIAL COURTS IN
EXECUTION OF THE JUDGMENTS OF CONVICTION
INCLUDING RECOVERY OF FINE AMOUNT (LIKE FINE LEVY
WARRANTS, DISTRESS WARRANT ETC. ISSUED UNDER
SECTIONS 418 & 421 OF Cr.P.C.) IN PROCEEDINGS
UNDER S.138 OF N.I. ACT, 1881;
4. GRANT SUCH OTHER RELIEF AS THE COURT
DEEMS FIT IN THE CIRCUMSTANCES, IN THE INTEREST OF
JUSTICE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Ankit Chaharia, learned counsel for the
petitioner and Sri. M. Vinod Kumar, learned Additional
Government Advocate for respondent Nos.1 to 3.
2. Learned counsel for the petitioner fairly
submits that in view of subsequent developments and
since the warrant against 4th respondent was executed
and he has been arrested, the first prayer would not
survive for consideration.
3. Learned counsel further submits that the 3rd
respondent - Police Inspector failed to execute the
conviction warrant and 3rd respondent also failed to
appear before the XXVI ACMM Court which had issued the
warrant, for explaining as to why the warrant was not
executed. It is also submitted that the Trial Court had
issued show-cause notice to the 3rd respondent to explain
as to why action should not be initiated for non execution
of the conviction warrant.
4. If that is so, the 3rd respondent shall appear
before the Trial Court and explain as to why he could not
execute the conviction warrant and upon his submission,
the Trial Court to pass appropriate order.
5. The petitioner has also sought for appropriate
direction to all the Magistrates across the State for prompt
and swift execution of the warrants including the
conviction warrants. The same would be considered in
appropriate case and for the present, it needs no
consideration.
The writ petition stands disposed of in the above
terms.
Sd/-
JUDGE
sac*
