IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7th DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.24040 OF 2016 (GM-POLICE) Between:
Adv.M.S.Radhakrishnan, S/o. Late Mr. M.S.Shivarama Panicker, Aged about 59 years, R/a Meppurathu House, (Tthannisseril), Kuzhikkala P.O, Mallapuzhassery Village, Kozhenchery Taluk, Pathanamthitta District, Kerala – 689644. ... Petitioner (By Sri. Siji Malayil, Advocate) And:
1. The State of Karnataka, Represented by its Chief Secretary, Government of Karnataka, Vidhana Soudha, Bengaluru - 560001 2. The Director General of Police, Nrupathunga Road, Bengaluru – 560001.
3. The Station House Officer, Panambur Police Station, Panambur, Mangalore – 575 010.
4. The Director, Central Bureau of Investigation, Bellary Road, Bengaluru – 560032.
5. The Additional Director General of Police, CID Annexe Building, Carlton House, #1, Palace Road, Bengaluru – 560001. ... Respondents (By Sri Vijay Kumar.A.Patil, AGA for R1-R3 & R5 Sri P Prasanna Kumar, Advocate for R4/CBI) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the Respondent No.4 to investigate the case in F.I.R. in Crime No.65/2014 in Panambur Police Station, Mangalore vide Annex-A and pending in the file of the JMFC-II, Mangalore vide Annexure-C and direct the Respondent -4 to conduct the time bound investigation and file a Final Report, under direct supervision of this Court.
This Writ Petition coming on for Orders, this day, the Court made the following:
O R D E R Mr.Siji Malayil, learned Counsel for the petitioner. Mr. Vijayakumar A.Patil, learned Additional Government Advocate for respondents No.1 to 3 and 5 and Mr.P.Prasanna Kumar, learned counsel for respondent No.4.
2. In this writ petition, petitioner, inter alia, seeks for the following reliefs:
a) “give direction in the nature of writ of mandamus or any other direction directing the respondent No.4 to investigate the case in FIR in Crime No.65/2014 in Panambur Police Station, Mangalore annexed as Annexure-A and pending in the file of JMFC- II, Mangalore which is produced herewith as Annexure-C;
b) give direction in the nature of writ of mandamus or any other direction directing the respondent No.4 to conduct the time bound investigation and file a final report, under direct supervision of this Hon’ble Court;
c) and grant such other relief/s as this Hon’ble Court deems fit to grant in the interest of justice and equity.
3. When the matter was taken today, learned Additional Government Advocate while pointing out to the statement of objections, submitted that after investigation, the Police have filed ‘B’ report. Therefore, the petitioner is required to challenge the closure report before the learned Magistrate in accordance with law and nothing survives for adjudication in this writ petition.
4. In view of the aforesaid submission and in the facts of the case, the writ petition is disposed of with liberty to the petitioner to challenge the ‘B’ report which has been filed on behalf of the respondents before the learned Magistrate in accordance with law.
Sd/- JUDGE akc/-