IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.32306 OF 2016 (GM-POLICE) BETWEEN:
MRS.AKSHATHA P.B. AGED 32 YEARS W/O MR.SANDEEP THUMTHAJIRA R/AT NO.1400, 11TH CROSS, 21ST MAIN, 1ST SECTOR, HSR LAYOUT BANGALORE-560 102 … PETITIONER (BY MR.PRAVEEN KUMAR K.N., ADV.) AND:
1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA DR.AMBEDKAR VEEDHI BANGALORE-560 001 2. THE PRINCIPAL SECRETARY DEPT. OF HOME GOVERNMENT OF KARNATAKA VIDHANA SOUDHA DR.AMBEDKAR VEEDHI BANGALORE-560 001 3. THE DIRECTOR GENERAL & INSPECTOR GENERAL OF POLICE NRUPATHUNGA ROAD BANGALORE-560 001 4. THE INVESTIGATION OFFICER HSR LAYOUT POLICE BENGALURU-560 102 5. THE UNDER SECRETARY HOME DEPARTMENT UNION OF INDIA NEW DELHI-110 001 6. MR.SANDEEP THUMTHAJIRA AGED ABOUT 36 YEARS S/O T.K.YENKAPPA NO.III/B, 2ND CROSS, BYAPPANAHALLI EXTENSION INDIRANAGAR POST BANGALORE-560 038 7. MR.T.K.YENKAPPA AGED ABOUT 64 YEARS S/O KALAPPA NO.III/B, 2ND CROSS, BYAPPANAHALLI EXTENSION INDIRANAGAR POST BANGALORE-560 038 8. SMT.P.N.GAYATHRI AGED ABOUT 62 YEARS W/O T.K.YENKAPPA NO.III/B, 2ND CROSS, BYAPPANAHALLI EXTENSION INDIRANAGAR POST BANGALORE-560 038 9. MR.DEEPAK T.K.
AGED ABOUT 36 YEARS S/O T.K.YENKAPPA NO. III/B, 2ND CROSS, BYAPPANAHALLI EXTENSION INDIRANAGAR POST BANGALORE-560 038 … RESPONDENTS (BY MR.VIJAYKUMAR A PATIL, ADDITIONAL GOVERNMENT ADVOCATE FOR R-1 TO R-5 MR.B.KESHAVA KUMAR, ADV. FOR R-6 TO R-9) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO PASS AN ORDER IN THE NATURE OF WRIT OF MANDAMUS TREATING THE PRESENT CASE IS ONE OF THE RAREST CASE AND TO DIRECT TO HAVE FURTHER BETTER INVESTIGATION EITHER BY CID OR ANY OTHER NEUTRAL AGENCY, OTHER THAN BY THE R-4/STATE POLICE AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Praveen Kumar K.N, learned counsel for the petitioner has filed a memo for retirement. The same is accepted.
Sri.Vijay Kumar A. Patil, learned Additional Government Advocate for respondent Nos.1 to 5.
Sri.B.Keshava Kumar, learned counsel for respondent Nos.6 to 9.
In this petition, the petitioner has prayed for the following reliefs:
“a) Pass an order in the nature of writ of mandamus treating the present case is one of the rarest case and to direct to have further better investigation either by CID or any other neutral agency, other than by the 4th respondent/state police.
b) Pass such other order/s that this Hon’ble Court may deem fit to grant in the nature and circumstances of the case in the interest of justice and equity.”
2. When the matter was taken up today, learned Additional Government Advocate submitted that Police after conducting investigation have filed charge sheet and therefore, nothing survives for adjudication in this writ petition.
3. The aforesaid submission is taken on record.
Accordingly, the writ petition is dismissed as having become infructuous with liberty to the petitioner to take recourse to such remedy as may be available to her under law.
Sd/- JUDGE dn/-