High CourtsSingle Bench(2011) 11 KAR CK 0341

Sri K.L.J.A. Kiran Babu vs The Management of the Hewlett-Packard GlobalSoft Private Limited, HP Avenue, 39/40, Electronics City, Hosur Road, Bangalore

Karnataka High Court · Decided on 9 November 2011

HON’BLE JUDGES
B.S. Patil, J
CASE NUMBER
Writ Petition No. 36475 of 2011 (GM-RES)

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Judgment

6 paragraphs · 402 words

B.S. Patil

1.

In this writ, petition, petitioner - party-in-person is seeking a direction to take suo-motu cognizance of the alleged offence committed by the respondent - Management of the Hewlett-Packard Global Soft Private Limited and proceed against them in accordance with law. In the alternative, a direction is sought to entrust the matter to the Central Bureau of Investigation to secure justice in accordance with law to the petitioner.

2.

The entire grievance of the petitioner stems out of the alleged illegal termination of the petitioner by the respondent Petitioner has referred to serious prejudice, loss and inconvenience that he was subjected to on account of the alleged illegal termination. He has also referred to different provisions of law in the writ petition.

3.

As can be seen from the documents enclosed to the writ petition and also to the interim applications filed, it is clear that the petitioner had approached this Court on several occasions earlier. It is useful to refer to two such orders which are produced along with the application dated 20.10.2011 filed with the same prayer as is sought in the main petition itself. The party-in-person submits that though this Court has passed orders earlier to dispose of the criminal case filed by the petitioner, the same is not disposed of. He refers to the order passed by this Court in Crl.P. No. 3414/2010 disposed of on 28.07.2010.

4.

Party-in-person further submits that another case in P.C.R. No. 188/2011 is filed by him before the learned Chief Judicial Magistrate, Bangalore Rural District. Bangalore and the said matter is being delayed and no progress is made in the case.

5.

If the petitioner has instituted such a proceeding, suffice to observe that the learned Magistrate shall take action to consider the grievance of the petitioner and expedite the case. this Court cannot take cognizance of the grievance of the petitioner as made in this writ petition because the allegations made attributing commission of offences against the respondent -- management are matters that are to be dealt with by the jurisdictional Magistrate in the properly instituted proceedings and therefore in exercise of the writ jurisdiction, this Court cannot embark upon an enquiry into the said aspect. As the petitioner has already approached the learned Magistrate, reserving liberty to him to request the learned Magistrate for expeditious disposal of the proceedings initialed by him, this writ petition is disposed of.