Daijiworld Media Network - Bengaluru (SP)

Bengaluru, Jul 20: As per the orders passed by the third JMFC court at Madikeri, the personnel of town police station at Madikeri registered the first information report (FIR) on the basis of complaint handed over by Nehal Ganapati, son of deputy superintendent of police, M K Ganapati, who committed suicide after naming minister, K J George, and police officers, A M Prasad and Pranav Mohanty as being responsible for his death in a television interview.

There was confusion about registration of FIR as an investigation is being held by criminal investigation department (CID) into the same issue. After the superintendent of police held discussions with legal experts, the FIR was registered on the evening of Tuesday July 19. Former minister K J George is accused no 1 while IGP Mohanty is accused no 2 and ADPG Prasad is accused no 3 as per the FIR.

Even before the FIR was registered, both Mohanty and Prasad approached the state high court (HC) questioning the validity of the order passed by the Madikeri court. The case came up before the HC bench presided over by Justice Billappa, who adjourned hearing in the case to Wednesday after ordering issuance of notices to parties concerned.

Senior advocate, C V Nagesh, who appeared on behalf of the petitioners, drew the attention of the court to the provision that before investigating private complaints against IPS officers, permission from the competent authority should be obtained beforehand. They pointed out that in this case, Nehal Ganapati, son of Ganapati, had filed the complaint. He argued that although the petitioners were in no way involved with the crime, the court at Madikeri, without going into details, had permitted registration of FIR against them under section 156 (3) of Criminal Procedure Code and section 306 of Indian Penal Code relating to abetment of suicide. He also stated that CID is already investigating the case and prayed for staying the proceedings as it is against law.

Advocate, Pavanchandra Shetty, who appeared on behalf of Nehal Ganapati, said that it would not be proper to pass any orders at this stage, as the copy of the court order was yet to be received. After hearing arguments and counter arguments, the court posted the hearing to Wednesday, after ordering service of notices to parties concerned.

At 2.30 pm, advocate for the petitioners, C V Nagesh, requested the bench to take up this petition for hearing on emergency basis. President of Advocates Association Bangalore, H Shivaramu, intervening in the matter, felt that it would be wrong to take up petition filed on Tuesday morning for hearing, as hundreds of earlier petitions are waiting to be heard. Giving its nod to this suggestion, the bench said that the petition of IPS officers would be taken after all the other cases listed for the day are heard. The bench took up this petition at 4.45 pm, duly pointing out that this case was being taken up as it a sensitive matter, duly considering the bar and bench aspect. It requested the concerned not to view this decision with suspicion.

The case will be heard again on Wednesday.