IN THE COURT 8th ADDL. CHIEF METROPOLITAN MAGISTRATE COURT AT BENGALURU PCR NO.____________/2021 Serial No……….. Bangalore District Party- 1. Mr. ADARSH R IYER, in- #508/A/20, I Floor, Person Between: 7th Main, 5th Cross, Adarsh R Iyer Mahalakshmi Layout, And: Bangalore - 560086. Kamal Pant & Ors. Mobile No: 8861414896. Email ID: [email protected] Sl. Description of Paper Court Fee Affixed on the paper No. Presented 1. Memorandum of PCR u/s 156(3) of Cr.P.C. for offences under IPC Act, Annexures and Verifying Affidavits. Total Number of Copies Furnished Other side served Presented by Party in Person(s) Received Paper with Court Fees as Above Advocate’s Clerk Bangalore Date: 06-Apr-2021 Receiving clerk IN THE COURT 8th ADDL. CHIEF METROPOLITAN MAGISTRATE COURT AT BENGALURU PCR NO.____________/2021 BETWEEN: ADARSH R IYER .....Complainant AND: KAMAL PANT & ORS. ....Accused INDEX Sl. Description Pages Nos. 01 Memorandum of PCR u/s 156(3) of Cr.P.C. for offences 01-26 under IPC, 1860. 02 Annexure “A” - Photocopy of the Complaint/Information 27-36 filed by the Complainants to the Accused 3, the Inspector of Police of Cubbon Park PS, with Ref. No: JSP/COMPT/CPPS/RJCD/001/2021 dated 17.03.2021 with enclosures and RPAD. 03 Annexure “A-1” - Photocopy of the Email of the 37-41 Complaint/Information filed by the Complainants to the Accused 3, the Inspector of Police of Cubbon Park PS, with Ref. No: JSP/COMPT/CPPS/RJCD/001/2021 dated 17.03.2021 with attachment of the signed complaint. 04 Annexure “B” – Photocopy of the Complaint/Information 42-44 filed by the Complainants to the Accused 2, the DCP of Bangalore Central division of Bangalore City Police, with Ref. No: JSP/COMPT/CPPS/RJCD/002/2021 dated 01.04.2021 with enclosures. 05 Annexure “C” – Photocopy of the Endorsement of --45-- Accused No. 1 closing the information of offences as per Annexure “A”. 06 Annexure “D” – Photocopy of Complaint/Information of 46-47 offences by the Initial Complainant, Mr. Dinesh Kallahalli to Inspector of Police, Cubbon Park Police Station, Bangalore, dated 02/03/2021, received at 18:45 07 Annexure “E” – Photocopy of the purported withdrawal 48-52 of the Initial Complaint, apparently by the complainant Dinesh Kallahalli, through a letter, dated 07/03/2021 08 Annexure “F” – Photocopy of the Instruction Note with --53-- No: HLPALMO/542/2021, dated 09/03/2021 issued by the Home Minister, Government of Karnataka to the Commissioner of Police, Bangalore City Police. 09 Annexure “G” – Photocopy of the Order issued by the 54-55 Department of Police, Government of Karnataka, dated 11/03/2021 issued by the Commissioner of Police, Bangalore City Police with a copy to the DG & IGP, Karnataka State Police. 10 Verifying Affidavit of the Complainant. --56-- Bangalore, Date: 06-04-2021 Petitioner in Person 1 IN THE COURT 8th ADDL. CHIEF METROPOLITAN MAGISTRATE COURT AT BENGALURU PCR NO.____________/2021 BETWEEN: SRI. ADARSH R IYER, S/O: N. RAMANATHA IYER, AGED ABOUT: 47 YRS, CO-PRESIDENT, JANAADHIKAARA SANGHARSHA PARISHATH (JSP), #508/A/20, 7TH MAIN, 5TH CROSS, MAHALAKSHMI LAYOUT, BANGALORE-560086. ….. COMPLAINANT (ORIGINAL COMPLAINANT) AND 1. SRI. KAMAL PANT, COMMISSIONER OF POLICE, BANGALORE CITY POLICE, BANGALORE. ….. ACCUSED 1 2. SRI. ANUCHETH M N, DEPUTY COMMISSIONER OF POLICE, BANGALORE CENTRAL DIVISION, BANGALORE CITY POLICE, BANGALORE. ….. ACCUSED 2 3. SRI. MARUTHI B, THE INSPECTOR OF POLICE, CUBBON PARK PS, CUBBON PARK SUB-DIVISION, BANGALORE CENTRAL DIVISION, BANGALORE CITY POLICE, BANGALORE. ….. ACCUSED 3 MEMORANDUM OF APPLICATION UNDER SECTION 156 (3) OF CRIMINAL PROCEDURE CODE [CR.P.C], 1973 1). The Address of the Complainant for the purpose of issuance of Court Notice, Summons Etc., from this Hon’ble Court is as shown in the cause title. The Complainant may be permitted to appear in person and conduct the case. 2). About the Organization, JSP:- JSP is a registered Trust under Indian Trust Act. The Complainant has been working tirelessly as anti-corruption crusaders in the capacity of Office Bearers of Janaadhikaara Sangharsha Parishath (hereinafter “JSP”), a non-governmental, non-profit organization. JSP is one of the initial complainants in the extortion case against the father-son duo of erstwhile 2 Lokayukta Bhaskar Rao and Ashwin Rao. Based on our complaint, Hon'ble Upalokayukta, Justice Subhash B Adi ordered an investigation and an FIR was filed by Smt. Sonia Narang against Ashwin Rao and his aides. Our organization has fought for saving lakes in and around Bangalore. Our organization has fought for rape victims, POCSO victims, admissions to schools under RTE (Right to Education) for poor and socially backward classes etc.. The Complainant has represented as party-in-person before the Hon’ble High Court of Karnataka in Criminal Petitions 8057/2016 to 8078/2016 u/s 482 of Cr.P.C. for quashing the 22 FIRs as original complainants/respondents; WP 6458/2018 and WP 32035/2019 against Mr. Hemant Nimbalkar, IPS, IGP for his involvement in IMA scam; before Hon’ble 3rd ACMM Court, Bangalore for rejection of bail of the accused; 1st ACMM Court u/s 156(3) of Cr.P.C. for obscene comments against Mahatma Gandhiji & Jawaharlal Nehru etc.. 3). It is submitted that, the Complainant had filed an information/complaint of offences with the Station House officer of Cubbon Park PS [hereinafter referred to as “CPPS”] with Ref. No: JSP/COMPT/CPPS/RJCD/001/2021 dated 17.03.2021 [hereinafter referred to as Annexure “A”]. This Complaint was filed for serious cognizable offences u/s 166-A (cognizable offences) of Indian Penal Code, 1860 [IPC] against Mr. Kamal Pant, Commissioner of Police, Bangalore City Police; Mr. Anucheth M N, Deputy Commissioner of Police, Bangalore Central Division, Bangalore City Police and Mr. Maruthi B, the Inspector of Police, Cubbon Park PS, Bangalore City Police for failing to register FIR as they being public servants failed to register FIR for alleged offences of sexual intercourse by a person in authority such as the then Minister of Water Resources, Mr. Ramesh Jarkiholi on a complaint dated 02.03.2021 by one person named, Mr. Dinesh Kallahalli who claims to be the President of “£ÁUÀjÃPÀ ºÀPÀÄÌ ºÉÆÃgÁl ¸À«Äw”, thus failing to carry 3 out their duties in a disciplined manner, acting in a prejudiced manner against the said Complainant as well as the purported victim, displaying gross incompetence by buckling under the pressure of the powerful ruling political class, flouting laws of the land and Supreme Court of India guidelines with impunity and bringing disrepute to the independent working of the Karnataka State Police Force. The Accused No. 3, the Inspector of Police, CPPS refused to receive the information/complaint of offences at Annexure “A” while the same was submitted and accepted by the Accused No. 1 and 2 and the DG & IGP of Karnataka State Police. Due to the refusal by the Accused No. 3 to accept Annexure “A”, an email was sent to the official Email ID of CPPS with a copy marked to Accused No. 1, 2 and DG&IGP [hereinafter referred to as Annexure “A-1”]. The information of offences at Annexure “A” was sent to the Accused No. 3 through Indian Postal Service - Registered Post with Acknowledgement Due (RPAD). Further, the said Information/complaint at Annexure “A” was submitted to the Deputy Commissioner of Police - Central Division of Bangalore City Police [hereinafter referred to as “DCP”] with Ref. No: JSP/COMPT/CPPS/RJCD/002/2021, dated 01.04.2021 in accordance with section 154(3) of Cr.P.C. [hereinafter referred to as Annexure “B”]. It is submitted that, as of today, the Inspector of CPPS has not registered an FIR even though our initial complaint discloses serious cognizable offences such as section 166-A of IPC, but has proceeded to close the above said complaint through an endorsement with £ÀA. PÀÆå1/¦J¸ï/¦Ln/¸ÁªÀiÁ£Àå/70/2021, dated 30.03.2021 [hereinafter referred to as Annexure “C”] that reached the complainant on 03.04.2021 through speed post. 4). It is submitted that, one person named, Mr. Dinesh Kallahalli who claims to be the President of “£ÁUÀjÃPÀ ºÀPÀÄÌ ºÉÆÃgÁl ¸À«Äw” had filed an initial complaint [hereinafter 4 referred to as “Initial Complaint”] with the Inspector of Police [hereinafter referred to as “PI”], Cubbon Park Police Station [hereinafter referred to as “CPPS”] [hereinafter referred to as Annexure “D”] with Ref. No: £ÁºÀºÉÆøÀ/CP/CD/12/2021, dated 02/03/2021. A detailed and an in-depth perusal of the Initial Complaint reveals the fact of allegations of offences of sexual acts and sexual intercourse with a lady by the then Minister of Water Resources, Mr. Ramesh Jarkiholi so as to satisfy his sexual desires by exploiting his superior position as one of the Cabinet Ministers of Government of Karnataka which allegedly attracts offence u/s 376C of Indian Penal Code, 1860 and any other suitable offences. An extract of the Initial Complaint that makes out the above said offence reads as below:- “...¸ÀzÀj AiÀÄĪÀw QgÀÄavÀæ ¤ªÀiÁðtPÉÌAzÀÄ ¸ÀaªÀ ²æà gÀªÉÄñï eÁgÀQºÉƽ, gÀªÀgÀ §½ §AzÁUÀ ¤£ÀUÉ PÉ.¦.n.¹.J¯ï£À°è GzÉÆåÃUÀ PÉÆr¸ÀĪÀÅzÁV w½¹ DPÉAiÀÄ£ÀÄß vÀªÀÄä PÁªÀÄ vÀȵÉUÁV §¼À¹PÉÆAqÀÄ £ÀAvÀgÀ GzÉÆåÃUÀªÀ£ÀÄß ¤ÃqÀzÉ DPÉUÉ ªÀAa¹gÀÄvÁÛgÉ. ¸ÀzÀj AiÀÄĪÀw §½ vÀªÀÄä PÁªÀÄzÁlzÀ «rAiÉÆ EzÉ JAzÀÄ w½AiÀÄÄwÛzÀÝAvÉ DPÉ ªÀÄvÀÄÛ DPÉAiÀÄ PÀÄlÄA§ ¸ÀzÀ¸ÀåjUÉ fêÀ ¨ÉzÀjPÉ MrØgÀÄvÁÛgÉ...”. 5) It is submitted that, as the Initial Complaint disclosed serious cognizable offences u/s 376C of IPC and several other offences, the Inspector of Police of CPPS ought to have registered an FIR before proceeding further for investigation. Instead, the entire Karnataka State Police machinery was pressed into action of searching the whereabouts of the victim, thus violating the Amended Criminal Law of 2013 where the police were duty bound to record and register the information of offence under few sections of IPC such as 376 376C, 354, 354-B etc.