Bengaluru: When the prime accused in the suicide case of DySP M.K. Ganapati has resigned from the ministerial post and is facing investigation, what is there to fear for the two top police officials who claim to be innocent, the high court asked, while hearing a petition filed by the two IPS officers – Mr Pronab Mohanty and A M Prasad – who have sought to quash the FIR registered against them.
The two IPS officers have questioned the lower court order, asking the Madikeri police to register and investigate the case under CrPC 156(3). They have also pointed out that the government sanction is mandatory to investigate a public servant when a private complaint has been filed.
Additional Judicial Magistrate First Class Annapurneshwari had passed the orders on a private criminal complaint filed by Nehal Ganapathy, the son of the deceased police officer, requesting the court to direct the Kodagu police to take up investigation against then minister K.J. George and the two officers for allegedly abetting his father's suicide.
A senior advocate arguing for the two IPS officers stressed that there is no prima facie evidence against the officers to book them and that the statement made by the deceased to the media and cannot be considered as dying declaration. The court observed, “Although court does not consider media reports as evidence, it cannot behave like an ostrich which buries its head in the ground.”
Rejected
A division bench headed by Chief Justice S.K. Mukherjee rejected a PIL filed by B.H. Chandrashekhar and others seeking a CBI inquiry into the suicide of DySP M.K. Ganapati. The government submitted that the son of the deceased, Nehal, has already filed a private complaint and the Madikeri court has ordered to register a case and investigate into the matter.
