The Karnataka High Court on Thursday suspended the execution of the district court order ordering the registration of the FIR against the police commissioner of Bengaluru Kamal Pant, the DCP (Central) MN Anucheth and the inspector of the post of Cubbon Park B Maruti Police.
The 8th Additional Chief Metropolitan Magistrate of Bengaluru City had issued the order on a private complaint alleging officers were responsible for the delay in registering the FIR over the complaint filed by social activist Dinesh Kallahalli against the Minister of Ramesh Jarkiholi era on March 2, 2021.
Judge Sreenivas Harish Kumar suspended the execution of the magistrate’s order after hearing the petition filed by the three officers. The judge also ordered Cubbon Park police and Adarsh R Iyer, the private plaintiff before the magistrate, to be notified.
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Appearing for the three officers, lawyer P Prasanna Kumar argued that the private complaint suppressed information before the magistrate, more importantly, the fact that FIRs were registered in cases afterwards. He said the investigation into these cases was being monitored by a high court division bench in a PIL. The investigation is over. However, the final report is not filed due to the interim order issued by the division chamber. He said the magistrate’s order ordered the police inspector at Cubbon Park police station to register an FIR against himself and his DCP and police commissioner.
Judge Sreenivas Harish Kumar said the private complainant may not have been aware of all of these proceedings and said that under these circumstances the investigation against the Commissioner and other officers did not seem appropriate. The court suspended the execution of the magistrate’s order until the next date.
Complainant Adarsh R Iyer, co-chair of Janaadhikaara Sangharsha Parishath, said agents must be registered under section 166A of the IPC for the delay in registering the FIR. Dinesh Kallahalli, an activist, filed a complaint against then-minister Jarkiholi for sexual abuse on March 2, 2021, and filed a revised complaint on March 7, 2021. The police commissioner formed an SIT on March 11 and thereafter , FIRs were registered in the name of Jarkiholi and the victim.
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