The High Court of Karnataka on Thursday stayed the operation of the magistrate court order directing registration of FIR against Bengaluru police commissioner Kamal Pant, DCP (Central) M N Anucheth and Cubbon Park police station inspector B Maruti.
The 8th Additional Chief Metropolitan Magistrate, Bengaluru City, had passed the order on a private complaint alleging that the officers were responsible for the delay in registering FIR on the complaint filed by a social activist Dinesh Kallahalli against the then minister Ramesh Jarkiholi on March 2, 2021.
Justice Sreenivas Harish Kumar stayed the operation of the magistrate’s order after hearing the petition filed by the three officers. The judge also ordered notice to Cubbon Park police, and Adarsh R Iyer, the private complainant before the magistrate.
Appearing for the three officers, advocate P Prasanna Kumar submitted that the private complaint has suppressed information before the magistrate, more importantly, the fact that the FIRs were registered in the cases subsequently. He said the investigation in the cases is being monitored by a division bench of the high court in a PIL. The investigation has been completed. However, the final report is not filed because of the interim order granted by the division bench. He said the order of the magistrate has directed the police inspector of Cubbon Park police station to register an FIR against himself and his DCP and Commissioner of Police.
Justice Sreenivas Harish Kumar said that the private complainant may not be aware of all these proceedings and said under these circumstances investigation against the commissioner and other officers appear to be not proper. The court stayed the operation of the magistrate’s order till the next date.
The complainant Adarsh R Iyer, co-president of Janaadhikaara Sangharsha Parishath, said that the officers have to be booked under Section 166A of IPC for the delay in registering the FIR. Dinesh Kallahalli, an activist, had filed the complaint against the then minister Jarkiholi of sexual abuse on March 2, 2021, and filed a revised complaint on March 7, 2021. The police commissioner constituted an SIT on March 11 and subsequently, FIRs were registered on behalf of Jarkiholi and the victim.
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