Madikeri police file FIR against former minister and senior Congress leader

Mysuru: Following a Madikeri court order, the Madikeri town police on Tuesday evening filed an FIR against former minister and senior Congress leader K.J. George, and senior police officers – Pronab Mohanty and A.M. Prasad – in a case related to the suicide of DySP M.K. Ganapati.

Filing the FIR under Section 306 of IPC (abetment to suicide), they named Mr George as accused number 1, Mr Mohanty as accused number 2 and Mr Prasad the accused number 3, as per the directions of the magistrate of Principal JMFC Court, Justice Annapoorneswari.

Even as the procedure to file the FIR was delayed, pro-Hindu activists protested for over an hour in front of the police station.

The police claimed that there was a technical lapse when Mr Ganapati’s son Nehal M.G. filed a private criminal complaint before the court and that he did not he take permission from the head of the department as it is mandatory in cases filed against public servants.

The police also cited the petitions filed by the two senior officers trying to get a stay from the high court. However, Nehal’s advocate Amrit Somaiah P.N. said that there was no technical lapse.

He said, “Permission is needed when the allegation is about the nature of discharging the duty of a public official, for example injuries suffered due to lathi charge during riots etc. But here, Mr Ganapati has ended his life, making allegation of harassment against the accused in his dying declaration in electronic media. So, permission is not required. Abetment to suicide is a cognisable offence. Also as per the Supreme Court order of 2008 in the case of Bolu Ram vs State of Uttar Pradesh, cognisable offence is not in the nature of discharging the duty at any stretch of imagination. Permission to prosecute a public official can be taken up at any point of investigation. Not taking permission cannot be the reason to quash the FIR. Family is satisfied with the judiciary.”

Nehal, son of Ganapati, had filed a criminal private complaint in the Court of  Principal JMFC appealing the Court to direct Police to register FIR against all three, after the complaint by his mother Pawan and himself were rejected by Kushalnagar rural Police station.

In his complaint, Nehal had stated, “My father M.K. Ganapati, before his tragic end had on visual media made a dying declaration, naming the accused Mr K J George, Pronab Mohanty and A.M. Prasad responsible for his death which was telecast on visual media and social media. Mr George and Mr Prasad used to harass my father which ultimately ended in the sad demise of my father. Suspecting the foul play in my father’s death, I approached the Sub-Inspector of Police of Kushalnagar, Somwarpet taluk in Kodagu district with a written complaint and it was rejected by him. Endorsement of refusal to receive the complaint is produced here with.The accused are highly placed and influential people and have prevailed upon the police from taking action against them using the power conferred by their office. As a result, the concerned jurisdictional police have not taken any action against above named accused. So I am now without any remedy. Hence the complaint.”