The Karnataka High Court has been told by BJP MP Naleen Kumar Kateel that the Magistrate Court has accepted Report B and closed the case against him for allegedly intimidating a police inspector Maruthi Nayak, in 2017.
Barrister H Pavana Chandra Shetty representing the petitioner who sought the annulment of the FIR registered against him under Section 353 (discouraging a public official from performing his duties) of the Indian Penal Code, argued that the court of first instance, by order of 27.09.2021, accepted report “B” and closed the procedure.
The petitioner filed a memo in which it was stated that, “In the above case, Respondent #2. Investigative Agency filed Report B in Crime #0278/2017 before the 2nd Associate Civil Judge and JMFC, Mangalore. Accordingly, the learned Magistrate Court made the following order: After service of notice, plaintiff neither appeared nor filed objection to Report B submitted by IA. Therefore, the objection to Report B is considered not filed and Report B filed by IO is accepted. Accordingly, the matter is closed.”
Thereafter, he was requested to take the said memorandum into the record and to drop the motion in light of the order issued by the trial court.
Judge Sunil Dutt Yadav recorded the memo and said, “In light of the orders rendered by the trial court, the motion is dismissed as not seeking any further order.“
The FIR was recorded against Kateel, who was allegedly filmed threatening the police. In the video, he was seen intimidating Kadri Police Station Inspector Maruthi Nayak into shutting down Mangaluru, after several BJP leaders and hundreds of workers were arrested.
Kateel was seen telling the police chief in the video that a bandh would be called if cases were filed against BJP workers who breached barricades during their “Mangaluru Chalo” bike rally.
Case title: Naleen Kumar Kateel vs Maruthi G Nayak
Case no: 8763/2017
Quote: 2022 LiveLaw (Kar) 29
Order date: January 10, 2022
Appearance: Attorney H Pavana Chandra Shetty for the Petitioner; Attorney Vishwa Murthy for Respondents.
Click here to read/download the order