The Hindu : Karnataka / Bangalore News : Plea to quash proceedings dismissed

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Friday, Aug 03, 2007
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Karnataka

Karnataka - Bangalore

Plea to quash proceedings dismissed

Staff Reporter

BANGALORE: The Karnataka High Court on Wednesday dismissed a criminal petition by a resident of Bangalore seeking to quash proceedings initiated against him in a lower court following a private complaint by a former Minister and her husband.

In his petition, Govindachari said the High Grounds Police had, on December 16, 2006, registered a complaint against him stating that on December 15 he had waylaid former Minister Nafeez Fazal and was about to slap her when her husband Hassan Fazal and his friend Arfarulla intervened.

Subsequently, a private complaint was lodged against him in the court of the 8th Additional Chief Metropolitan Magistrate Court.

The magistrate, he said, had taken cognisance of the complaint under Section 504 of the Indian Penal Code and issued summons asking him to appear before the court. When Mr. Govindachari urged the court to quash the lower court proceedings initiated against him, Justice K. Bhaktavatsala dismissed the petition.

Adjourned

A Division Bench, comprising Chief Justice Cyriac Joseph and Justice S. Abdul Nazir, on Wednesday adjourned further hearing in a public interest litigation petition on the installation of speed governors in commercial vehicles, including trucks and buses.

Dismissed

The same Division Bench dismissed a public interest litigation petition on the violation of road safety norms by tractors.

The petitioner said drivers of such vehicles were listening to music while driving on the roads. This, he said, would lead to accidents.

Adjourned

Justice N.K. Patil on Wednesday adjourned by a week a petition by S.T. Somashekar, a Congress leader and president of the Bharat Seva Dal, Bangalore, challenging a show-cause notice by the Registrar of Cooperative Societies asking why he and other office-bearers of the Karnataka State Cooperative Housing Federation should not be superseded.

In his petition, Mr. Somashekar said he is the director of the society apart from being the vice-president of the National Cooperative Housing Federation.

He said the State federation had entered into a tripartite agreement with land holders at Chunchankuppe village in Tavarekere, Bangalore South taluk, for developing 130 acres as a residential layout.

He claimed that some MLAs had opposed the project and also ensured that the matter was referred to the Corps of Detectives (CoD). The society had moved the High Court against this and obtained a stay order.

He alleged that the MLAs then ensured that the Registrar of Cooperative Societies issued a show-cause notice to him and other office-bearers on June 13, 2007 asking them why they should not be superseded.

The judge asked the Government and the Registrar of Cooperative Societies not to precipitate matters for a week and also asked the respondents to file their objections by then.

Adjourned

Justice B.S. Patil adjourned further hearing by a school from Mandya which had challenged a notice of de-recognition issued to it by the Deputy Director of Public Instruction (DDPI).

The school said it had obtained a no-objection certificate (NoC) from the State for opting for Central Board of Secondary Education (CBSE) syllabus.

However, the DDPI had threatened the school with de-recognition, saying that it had violated the State policy on medium of instruction by teaching in English.

The Government filed its statement of objections, saying that grant of NoC did not enable an institution to claim affiliation from the CBSE. It said the affiliation to Central syllabus would come only at the secondary school level and not at the primary level.

It said until the school obtained affiliation from the CBSE, it would have to follow the State syllabus and also the State policy on medium of instruction.

Lottery

A Division Bench, comprising Justice K. Sreedhar Rao and Justice L. Narayanaswamy, on Wednesday adjourned further hearing on appeals against a single judge order in May upholding the ban on lotteries and also making Karnataka a lottery-free zone.

When the matter came up for hearing, senior counsel R.N. Narasimhamurthy, who is appearing for the appellants, sought adequate time from the court to make submissions.

He said the matter needed to be gone through in detail.

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