IPS officers move HC in DySP case

IPS officers move HC in DySP case

Bengaluru: DHNS A day after a magistrate court in Madikeri directed the police to register a case against two senior IPS officers, A M Prasad and Pronab Mohanty, the latter moved the Karnataka High Court on Tuesday seeking direction to set aside the order of the lower court.

Judicial Magistrate First Class (JMFC) Court, Madikeri on Monday had asked the Madikeri police to register FIR against then minister K J George and the two officers, ADGP (Intelligence) Prasad and IGP (Lokayukta) Mohanty, on charges of abetting the suicide of DySP M K Ganapathi.

Justice H Billappa, who heard the petition, ordered notice to the state government and the complainant Nehal Ganapathi, son of the deceased. During the hearing, senior counsel C V Nagesh, appearing for Prasad and Mohanty, sought a stay on the Madikeri court’s order. Advocate Pavan Chandra Shetty, appearing for Nehal, argued against granting a stay before hearing both sides. Shetty also said that he had not been given a copy of the petition. The bench ordered notice and adjourned the hearing to July 20.

The petitioners, in their criminal petition, contended that the State government’s sanction was required before any investigation is conducted against IPS officers. They also argued that Section 156(3) of the CrPC under which the magistrate ordered investigation, was bad in law.

The impugned section states that a Magistrate is empowered under Section 190 (Cognizance of offences by Magistrates) may order such an investigation. The petitioners also argued that the CID was already investigating the “unnatural death” of M K Ganapathi. “There cannot be a second FIR in the same case,” they said. In a joint petition, the officers said: “Action taken by the Supervisory and Disciplinary authorities cannot be act of abetment for Ganapathi to commit suicide.’’ Before committing suicide, Ganapathi in an interview to a local news channel, had said George, Prasad and Mohanty would be responsible if anything happened to him.

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