Dr Savio Pereira vs The Director General & Inspector ...

on 5 July, 2012

Karnataka High Court

Dr Savio Pereira vs The Director General & Inspector ... on 5 July, 2012
Author: Ajit J Gunjal
1

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 05TH DAY OF JULY 2012
BEFORE
THE HON'BLE MR.JUSTICE AJIT J GUNJAL
WRIT PETITION Nos.17092-17093/2012(GM-POLICE)
BETWEEN:
1.

DR SAVIO PEREIRA
AGED ABOUT 43 YEARS
S/O THOMAS PEREIRA
573, 5TH CROSS, 5TH AVENUE,
TEACHERS COLONY,
VENKATAPURA,KORAMANGALA,
BANGALORE- 34

MRS ROSHNI MATHAN PEREIRA

LEGITIMATE, D/O DR JOLARPETTAI
ADIMOOLAM MATHAN,
AGED ABOUT 38 YEARS,
573, 5TH CROSS,5TH AVENUE, TEACHERS COLONY,
VENKATAPURA, KORAMANGALA,
BANGALORE- 34
... PETITIONERS

(BY SRI. Dr SAVIO PEREIRA PARTY-IN-PERSON)

AND:
1.

THE DIRECTOR GENERAL & INSPECTOR GENERAL

OF POLICE
(DG & IGP), NO.2,
NRUPATHUNGA ROAD,
BANGALORE-01

THE COMMISSIONER OF POLICE

NO.1, INFANTRY ROAD,
2

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Dr Savio Pereira vs The Director General & Inspector ... on 5 July, 2012

BANGALORE-01
3

POLICE INSPECTOR ( STATION HOUSE OFFICER)

ASHOK NAGAR POLICE STATION,
COMMISSERATE ROAD,
BANGALORE-560025
... RESPONDENTS

(BY SMT.M.C.NAGASHREE, HCGP)

----THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA WITH A
PRAYER TO DIRECT THE RESPONDENT POLICE TO
REGISTER THE TWO FIRST INFORMATION REPORTS
(F.I.Rs) WITHIN 7 DAYS AND TO INITIATE INVESTIGATION
INTO THE COMPLAINTS DTD.9.11.11 AND 27.1.12 UNDER
ANNEXURES Z AND T RESPECTIVELY, FILED BY THE
PETITIONER-2 WITH RESPECT TO THE "MURDER OF
DR.J.A.
MATHAN"
BY AGNES
FLORA
MATHAN,
SUGUMARAN, SUNIL KUMAR REDSON AND OTHERS; AND
"FALSIFICATION OF THE DEATH RECORDS OF DR.J. A.
MATHAN" BY J. A. AMBETH AND J.A. SIDDHU
RESPECTIVELY.
THESE WRIT PETITIONS
COMING ON FOR
PRELIMINARY HEARING IN B GROUP THIS DAY, THE
COURT MADE THE FOLLOWING: ORDER

The first petitioner is the husband and the second petitioner is the wife. Two complaints are lodged
in Crime No.1418/2011 with Madivala Police Station as against one Srikanth @ Ramesh and Sunil
Kumar Radson in respect of criminal intimidation of petitioner no.2. Another complaint is lodged in
Crime No.14/12 before the Yadgir Town Police Station as against Shantharaj Radson and his six
sons for fraudulently using themselves as Doctors in the name of J.A.Mathan. This complaint is also
lodged by both the first petitioner as well as second petitioner. Party-in-person Dr.Pereira submits
that another complaint is lodged with Ashoknagar Police Station with respect to the death of his
father-in-law that is Dr.Jolarpettai Adimoolam Mathan indicating that the death is not accidental
but homicidal. The grievance of Dr.Pereira is that even as on today none of these complaints are
being examined by the respective Investigating Agency. Hence, these writ petitions for a writ of
mandamus to the concerned police to expedite the investigation and file a report. Indeed the
petitioners have asked for various reliefs including subjecting the parties to the proceedings to
undergo DNA test so as to ascertain the paternity. Insofar as the request made by the petitioners in
respect of the three complaints, there should not be any difficulty inasmuch as the first of the
complaint is lodged in October 2011 and the second one in January 2011. Insofar as the third
complaint is concerned with the Ashoknagar Police Station with reference to the death of
Dr.J.M.Mathan is concerned, the grievance of the petitioner is that the said complaint is not
received by the police. I am of the view that if a suitable direction is issued to the concerned police to
receive the complaint and to investigate into the matter that would meet the ends of justice. Insofar
as the DNA test with reference to the paternity is concerned, the same is kept open to be considered
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Dr Savio Pereira vs The Director General & Inspector ... on 5 July, 2012

at a later point of time by the Investigating Agency with the permission of the concerned Magistrate.
Hence, the following order:
The Ashoknagar Police, Yadgir Police and the Madivala Police to complete the investigation within a
period of two months with reference to the complaints lodged by the petitioners.
Accordingly, the writ petitions stand disposed of. Smt.M.C.Nagashree, HCGP is permitted to file her
memo of appearance within four weeks.
SD/JUDGE sh

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