Ganapathi case: HC refuses to stay Madikeri court order

BENGALURU: The Karnataka High Court on Tuesday declined to stay or quash the order passed by the Madikeri court directing police to register an FIR, investigate and file a report on DSP MK Ganapathi's suicide case.
"The proceedings will not be quashed. Sorry. We want to see how it (investigation) can be expedited," Justice Anand Byrareddy observed.
The judge, hearing a criminal petition filed by two senior IPS officers AM Prasad and Pranov Mohanty, asked the public prosecutor to clarify the legal position by July 28 in order to expedite the probe.The suggestion was made after it was brought to the court's notice that a hitch had occurred as the DG & IG had entrusted the probe to the CID on July 8 and the Madikeri court issued a direction on July 18 asking local police to register, probe and file a report.
Counsel for the two senior officers contended the order passed by Madikeri court magistrate reflects non-application of mind as it was based only on the submission made by counsel of the complainant Nehal Ganapathi, son of the deceased cop.
When the judge asked who are the other accused in the complaint, the court was informed that former minister KJ George has also been named. "When he (George) stepped down to make the probe easier, why are you asking for it to be quashed? If you are innocent, what is there to fear? " the judge asked the petitioners' counsel.
Regarding the argument that the magistrate was required to verify the facts as the complaint lacked basic ingredients, the judge noted when the whole world knew about Ganapathi's suicide, what was there to verify?
In reference to the hype created around Ganapathi's suicide, the judge said even though courts can't be expected to take cognizance of media reports, a judge cannot be expected to act like an ostrich which buries its head in the sand.
CID is not a police station
Counsel for the complainant argued the CID doesn't have the status of a police station and an FIR has to be registered before conducting any probe, something which hasn't been done.