HC refuses to quash FIR against seer in rape case

The High Court on Monday dismissed a writ petition filed by Raghaveshwara Bharati, the seer of the Ramachandrapura Mutt in Shivamogga district, seeking quashing of an FIR that accused him of rape.

A division bench comprising Justice Ananda Byrareddy and Justice N Ananda dismissed the appeal on the grounds that it was not maintainable under Section 4 of the Karnataka High Court Act, 1961, which talks about appeals over decisions of a single judge bench of the High Court. The seer’s petition to quash FIR was earlier dismissed by a single judge bench of the High Court.

The division bench termed the appeal “ambiguous” as the matter was previously heard as a criminal petition and subsequently the appeal was filed under writ jurisdiction. The court said the single judge bench order under section 482 of the Criminal Procedure Code (CrPC ) is justified and the appellant’s contention under Article 226 and 227 of the Constitution of India is not maintainable.

The division bench, in its order, stated that the appeal “has consumed much of the court’s time at the cost of the exchequer and to the detriment of the litigants with graver concerns”.

“It would certainly warrant the appellants to be mulcted with costs. However, he (seer) is said to be a man of the Holy Order. Hence, he would not be expected to possess any personal wealth. The cost, if imposed, would come from the coffers of the institution, which may indeed be involved with religious activity for the benefits of its followers and humanity in general. Hence, we stop short of imposing costs,”  it observed.

‘Will reinstate KMF chief’

The State government on Monday submitted before the High Court that it will be revoking the order dismissing P Nagaraj as the  chairperson of the Karnataka Milk Federation (KMF).

Nagaraj had approached the High Court contending that he was not given sufficient time to answer to the inquiry and that he was dismissed in just two days. The Government on Monday submitted before the presiding officer Justice B S Patil that it will provide sufficient time for the chairperson to answer the inquiry and issue fresh orders in this regard.

Senior counsels appointment challenged

 The High Court on Monday ordered issuance of notice to the Central government, Registrar of the Karnataka High Court, Bar Council of India and Karnataka Government with regard to the appointment of 15 advocates as designated senior counsels.

A division bench comprising Chief Justice DH Waghela and Justice Ram Mohan Reddy ordered notices, hearing the petition challenging the appointments of the designated senior counsels which has reportedly not been carried out under the framed rules and under section 16(2) of the Advocates Act, 1961. The 15 senior counsels whose appointments have been challenged are Sajan Poovayya, Aditya Sondhi, Shashi Kiran Shetty, Prabhulinga Navadgi K, M N Sheshadri, RL Patil, Lakshminarayana V, Jagadeesh DL, Nargund MB, Krishna Murthy G, Sadashiva Reddy YR, Seshachala MV, Shyam Prasad BM, Vivek Subba Reddy and Dhyan Chinnappa.