IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.11964 OF 2016 (GM-POLICE) BETWEEN:
SHRI. ASHOK S/O LATE PANDURANGA NAIDU AGED 45 YEARS R/AT. D-1252, A3-9 VEERABADRESHWARA NILAYA SHIVAKUMARSWAMY BADAVANE 2ND STAGE, 2ND MAIN, 2ND CROSS HADADI ROAD, DAVANGERE-577006.
(By Mr. BASAVARAJ PATIL, ADV., (ABSENT)) AND:
1. THE GOVERNMENT OF KARNATAKA HOME DEPARTMENT REP. BY ITS SECRETARY VIDHANA SOUDHA BANGALORE-560001.
2. DIRECTOR GENERAL OF POLICE C.O.D. CARLTON HOUSE BANGALORE-560001.
3. INSPECTOR GENERAL OF POLICE NRUPATUNGA ROAD BANGALORE-560009.
4. SUPERINTENDENT OF POLICE C-BLOCK, DEVRAJ URS LAYOUT DAVANGERE, DISTRICT-577006.
5. THE INSPECTOR OF POLICE BADEWANIPOLICE STATION … PETITIONER OPP HIGH SCHOOL GROUND BESIDES FAMILY COURT DAVANGERE-577006.
… RESPONDENTS (By Mr. VIJAY KUMAR A. PATIL, LEARNED AGA FOR R1 – R5) - - -
This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to direct R-2 to take up investigation in Cr.No.77/2014 for the offences punishable under Sec.143, 147, 498(A), 324, 504, 506, 114, 302 r/w 149 of IPC and report and etc.
This Writ Petition coming on for preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER None for the petitioner.
Mr.Vijay Kumar A. Patil, learned Additional Government Advocate for respondents 1 to 5.
2. In this petition under Articles 226 & 227 of the Constitution of India, the petitioner inter alia seeks a direction to respondent No.1 to take up the investigation of criminal case No.77/14, which has been registered for the offences punishable under Sections 143, 147, 498A, 324, 504, 506, 114 & 302 read with Section 149 of Indian Penal Code,1860.
3. When the matter was taken up today, learned Government Advocate submitted that the police after completion of the investigation has filed ‘B’ report on 20.10.2015 before the Competent Court and the petitioner being aggrieved have already filed objections to the aforesaid report.
4. In view of the fact that the investigation is already concluded and the petitioner has filed objection to the ‘B’ report, the Writ Petition is disposed of with a liberty to the petitioner to prosecute the proceedings, which are pending before the Magistrate.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS