Disposed

Mr. Walter Ossy Pinto v. the State of Karnataka

Karnataka HC3 Nov 2022WP/7721/2022

Case brief

AI extract

What is this about?

Petitioners sought directions under Articles 226 and 227 for expediting police investigation into economic offences involving the 5th Respondent. The Court directed the investigating agency to file the final report within six months.

What did the court decide?

Directing the investigating officer/agency to file the final report in Crime No.44/2020 expeditiously, at any rate within 6 months.

Mr. Walter Ossy Pinto Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2022)

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WP No. 7721 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF NOVEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7721 OF 2022 (GM-POLICE)

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BETWEEN:

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MR. WALTER OSSY PINTO S/O MR FRANCIS PINTO

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AGED ABOUT 66 YEARS R/AT GREEN FIELD HOUSE MOOR KAVERI, KINNIGOLI VILLAGE MANGALURU TALUK D K DISTRICT-574150

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MRS CELINE PINTO W/O MR FRANCIS PINTO AGED ABOUT 65 YEARS R/AT NO.1-6-453/3 DADDALAKADU DEREBAIL VILLAGE, ASHOK NAGAR MANGALURU TALUK D K DISTRICT-575006

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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MRS MARIA WINFRED RODRIGUES W/O MR NORBERT RODRIGUES AGED ABOUT 72 YEARS R/AT DOOR NO.3-3-319 OPP: GOVT MUSEUM, BATTAGUDDA, BEJAI, MANGALURU TALUK DK DISTRICT-575004

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WP No. 7721 of 2022

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MR NAGE GOWDA B P S/O SRI B C KUTTE GOWDA AGED ABOUT 65 YEARS, R/AT DOOR NO.7-97/20

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JAGADAMBIKA TEMPLE ROAD, KODIKAL VILLAGE, MANGALURU TALUK D K DISTRICT-575013

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MR HUBERT CHARLES LOBO S/O MR MOURICE LOBO

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AGED ABOUT 62 YEARS

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R/AT CLASSIA, ST ANTONY COLONY ASHOK NAGAR, MANGALURU TALUK D K DISTRICT-575006

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MR VARUN R MALLYA S/O SRI RAVIDAS

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AGED ABOUT 29 YEARS, R/AT 7TH CROSS, SOPPUGUDDE, RAGHAVENDRA EXTENSION, THEERTHAI, SHIVAMOGGA DISTRICT-577432

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…PETITIONERS

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(BY SRI. PRASANNA V. R., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPT. OF HOMES AFFAIRS, REP BY PRINCIPAL SECRETARY (PCAS) VIDHANA SOUDHA BENGALURU-560001

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THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE

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WP No. 7721 of 2022

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GOVT OF KARNATAKA NRUPATHUNGA ROAD BENGALURU-560001

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COMMISSIONER OF POLICE MANGALURU, D K DISTRICT MANGALORE-575001

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THE POLICE INSPECTOR ECONOMIC AND NARCOTIC CRIMES, MUDA BUILDING, 2ND FLOOR, URVA STORES, ASHOK NAGAR MANGALORE, D K DISTRICT-575006

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MALAIKA MULTI STATE CO-OPERATIVE CREDIT SOCIETY LIMITED REGD OFFICE RAJE SHIVAJI NAGAR SAKI - VIHAR ROAD POWAI, MUMBAI-400072 REP BY ITS CHAIRMAN MR GILBERT BAPTIST HAVING BRANCH AT MANGALORE "ROOPALI", NEAR COLACO HOSPITAL, BENDOOR WELL, MANGALORE, D K DISTRICT-575002

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…RESPONDENTS

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(BY SRI. M. VINOD KUMAR, AGA FOR R1 TO R4)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R1 TO R4 TO INVESTIGATE THE ECONOMIC OFFENCES COMMITTED BY THE R5 AND ITS ASSOCIATES OR PERSONS

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WP No. 7721 of 2022

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CLAIMING UNDER THEM THROUGH CENTRAL BUREAU OF INVESTIGATION BY PLACING THE COMPLAINTS AND REPRESENTATIONS OF THE PETITIONERS AGAINST THE R5 AND ITS OFFICIALS AND ASSOCIATES BY CONSIDERING THE REPRESENTATIONS DATED 19.10.2020, 25.11.2020 TRUE COPIES OF WHICH ARE PRODUCED AT ANNEXURE-A AND B RESPECTIVELY AND CONCLUDE THE INVESTIGATION INITIATED BY R4 AS PER FIR DATED 29.10.2020 IN CRIME NO.44/2020 REGISTERED AND FILED BEFORE THE LEARNED PRINCIPAL DISTRICT AND SESSIONS COURT, D.K.DISTRICT, MANGALORE TRUE COPY OF WHICH IS PRODUCED AT ANNEXURE-C.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners are before this Court seeking the following

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prayer:

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"(i) Issue a Writ of Mandamus, directing the Respondent No.1 to 4 to investigate the economic offences committed by the 5th Respondent and its Associates or persons claiming under them through Central Bureau of Investigation by placing the Complaints and Representations of the Petitioners against the Respondent No.5 and its officials and associates by considering the Representations dated.19.10.2020,

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WP No. 7721 of 2022

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25.11.2020, true copies of which are produced at Annexure-A and B respectively, and conclude the investigation initiated by the 4th Respondent as per FIR dated.29.10.2020 in Crime No.44/2020 registered and filed before the learned Principal District & Sessions Court, D.K. District, Mangalore, true copy of which is produced at Annexure-C .

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(ii) Issue any other Writ or Direction as this Hon'ble Court deems fit to meet the ends of justice."

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Learned counsel appearing for the petitioners

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submits that despite passage of 2 years of registration of crime, which comes about on 29.10.2020 in Crime No.44/2020, the final report is not filed by the investigating officer/agency.

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Learned AGA on instructions would submit that since the issue involves economic offences, which crosses the borders of the State, there has been certain delay in completion of the investigation and would submit that the final report would be filed as expeditiously as possible before the concerned Court.

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The said submission is placed on record and for the present, the grievance of the petitioners would be redressed

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WP No. 7721 of 2022

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with a direction for the investigating officer/agency to file the

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final report in Crime No.44/2020, as expeditiously as possible, at any rate within 6 months from the date of receipt of a copy of this order.

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With the aforesaid observations, the petition stands disposed.

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Sd/JUDGE

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SJK List No.: 1 Sl No.: 52

Mr. Walter Ossy Pinto v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr. Walter Ossy Pinto v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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