Case Note & Summary
The petitioner, Abdul Rasheed @ Puttu Bayer, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. The petition sought to quash an order dated 04.06.2019 passed by the Commissioner of Police, Bangalore City (third respondent), granting prior approval under Section 24(1)(a) of the Karnataka Control of Organized Crimes Act, 2000 (KCOCA) to invoke Section 3 of the said Act in Crime No.160/2019. The crime was originally registered under Sections 24, 62, 80 of the Karnataka Forest Act, 1963 and Sections 144, 145 of the Karnataka Forest Rules, 1860 read with Sections 379, 419, 420, 468, 471, 120B of the Indian Penal Code, 1860 at Subramanyapura Police Station. The petitioner challenged only the invocation of Section 3 of KCOCA. However, on the date of hearing, despite a prior order dated 07.09.2022, none appeared for the petitioner. The court observed that the petitioner appeared not interested in prosecuting the matter and accordingly dismissed the petition for non-prosecution. No legal issues were adjudicated on merits.
Headnote
A) Criminal Procedure - Dismissal for Non-Prosecution - Writ Petition - Petitioner failed to appear despite court order dated 07.09.2022 - Court held that petitioner is not interested in prosecuting the matter - Petition dismissed for non-prosecution (Para 1).
Issue of Consideration
Whether the writ petition challenging the prior approval under Section 24(1)(a) of KCOCA Act should be entertained when the petitioner fails to appear.
Final Decision
The writ petition is dismissed for non-prosecution due to the petitioner's failure to appear despite court order dated 07.09.2022.
Law Points
- Dismissal for non-prosecution
- Lack of interest in prosecuting matter
