CAPTAIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned HCGP for respondent No.1 - State.

(2.) Learned counsel for the petitioners submits that these petitions under Sec. 482 of Cr.P.C is maintainable as per the order passed by the Co-ordinate Bench of this Court in the case of ANBADAS AND OTHERS VS. STATE OF KARNATAKA AND OTHERS reported in ILR 1987 KAR 1481 and also the order passed by the Co-ordinate Bench of this Court in the case of ABID PASHA @ BAYYA @ IRAHIM @ USMAN in W.P.NO.13471/2018 (GM-POLICE) dtd. 28/3/2018 has granted interim stay of the operation of the order under challenge and contended that these petitions are maintainable.

(3.) Per contra, the learned HCGP has raised objection and contended that these petitions are not maintainable as these petitioners are required to file an appeal under Sec. 59 of the Karnataka Police Act, 1963 (for short 'KP Act').