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.21576 OF 2014 (GM - POLICE) Between:
D.Peddiraju, S/o late D.Chennaiah, Aged about 49 years, Occupation – Service, Residing at #K-15, Survey of India Quarters, 2nd Block, Kormangala, Saraja Pur Road, Bangalore – 560 034.
... Petitioner (By Sri.Chandrajeet Yadav, Advocate - Absent) And:
1. State by Police Sub – Inspector, Gangammagudi Police Station, Bangalore – 560 001, Karnataka.
State of Karnataka.
2. Commissioner of Police, Bangalore Urban District, Karnataka – 560 001.
3. Chief Secretary, Ministry of Home Affairs, Represented by its Chief Secretary, Vidhana Soudha, Bangalore – 560 001. Karnataka.
4. K.Venu Babu, S/o late Mallem Kondiah, Aged about 38 years, Occupation – Business, Residing at E 8333/300/83, Near Kerosene Depot, Ramachandrapura, Doddabommasandra, Jalahalli – Post, Bangalore – 560 013.
... Respondents (By Sri.Vijay Kumar A Patil, AGA for R1 to R3;
Sri. Yathish J Nadig, Advocate for R4 - Absent) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct to the R-1 to register complaint under Section 302 & 306 of I.P.C. & to investigate the matter and filed the charge sheet against the accused persons and etc., This Petition coming on for Preliminary Hearing in 'B' Group, this day, the Court made the following:-
ORDER None for the petitioner.
Sri.Vijay Kumar A. Patil, learned Additional Government Advocate for respondent Nos.1 to 3.
In this petition, the petitioner inter alia has prayed for a direction to the respondents to register the complaint under Sections 302 and 306 of Indian Penal Code, 1860 and to investigate the matter and file chargesheet against the accused persons.
2. When the matter was taken up today, learned Additional Government Advocate, while inviting the attention of this Court to the objections filed on behalf of the respondent Nos.1 to 3, submitted that the Police have conducted the investigation under Section 174 of the Code of Criminal Procedure, 1973 and Final Report is filed in which it is found that the death of the sister of the petitioner is natural and the aforesaid Report is submitted to the Sub-Divisional Magistrate.
3. In view of the aforesaid submission, the writ petition is disposed of with liberty to the petitioner to take recourse to such remedy as may be available to him under the law.
sd/- JUDGE dn/-