IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.26669 OF 2014 (GM-KLA) BETWEEN:
SMT. D.M. SHOBHA W/O SRI. M.V. VIJAY KUMAR AGED ABOUT 56 YEARS RESIDING AT NO.74, 12 CROSS 8TH MAIN, M.S. PALYA BTM LAYOUT, BANGALORE-560 076.
(BY MR. HARSHA H.S. ADV., FOR MR. B. KRISHNA, ADV.,) AND:
1. THE ADDITIONAL DIRECTOR GENERAL OF POLICE KARNATAKA LOKAYUKTHA BANGALORE-560 001.
2. THE INSPECTOR OF POLICE KARNATAKA LOKAYUKTHA BANGALORE RURAL DISTRICT BANGALORE-560 001.
(BY MR. B.S. PRASAD, ADV.,) … PETITIONER … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS, PERTAINING TO THE CASE AND TO GRANT THE FOLLOWING RELIEFTS. DIRECT SETTING ASIDE THE PANCHANAMA DTD 29.03.2014 ISSUED BY THE R-2 MARKED AT ANNX-F AS THE SAME IS ILLEGAL, MALAFIDE AND WITHOUT JURISDICTION & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Harsha H.S., learned counsel for Sri.B.Krishna, learned counsel for the petitioner.
Sri.B.S.Prasad, learned counsel for the respondents.
In this petition, the petitioner has prayed for the following reliefs:
“a) Issue a writ of certiorari or any other appropriate writ or order or direction, setting aside the Panchanama dated 29.3.2014 issued by the 2nd respondent marked at Annexure-F as the same is illegal, malafide and without jurisdiction, to meet the ends of justice.
b) Issue a writ of mandamus or any other appropriate writ or order or direction, directing the 2nd respondent to re-do the Panchanama drawn by him duly segregating the items lawfully belonging to petitioner, to meet the ends of justice.
c) Issue any such orders as this Hon’ble Court deems fit to grant in the facts and circumstances of the case, to meet the ends of justice.”
2. When the matter was taken up today, learned counsel for the respondents submitted that FIR has been lodged against the accused, the investigation has been completed and charge sheet is also filed against the accused.
3. The aforesaid submission is taken on record.
4. In view of the aforesaid, nothing survives for adjudication in this writ petition. Hence, the writ petition is disposed of with liberty to the petitioner to raise all contentions in the criminal case pending before the trial Court.
Sd/- JUDGE dn/-