IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.47742 OF 2017 (GM-POLICE) BETWEEN:
SMT. HABEEBA N. PASHA W/O SRI. NISAR S PASHA AGED ABOUT 49 YEARS MANAGING TRUSTEE MOUNTAIN VIEW EDUCATIONAL INSTITUTIONS ACADEMY OF GENERAL EDUCATION AND TRUST, VIDYANAGARA RAMANAHALLI, CHIKKAMAGALURU-577 102. REP BY HER GPA HOLDER SRI. NISAR S PASHA.
(By Mr. K.S. GANESHA, ADV.) AND:
1. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF HOME AFFAIRS VIDHANA SOUDHA, BENGALURU 560001.
2. THE STATION HOUSE OFFICER BASAVANAHALLI POLICE STATION CHIKKAMAGALURU 577 101.
… PETITIONER (By Mr. VIJAY KUMAR A. PATIL, AGA) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO COMPLETE THE INVESTIGATION IN CRIME NO.0172/2015 AND FILE A FINAL REPORT BEFORE THE ADDL. CIVIL JUDGE [JR.DN] AND JMFC, CHIKKAMAGALUR.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.K.S.Ganesh , learned counsel for the petitioner.
Sri.Vijay Kumar A Patel, learned counsel for the respondents.
3. In this petition, the petitioner has prayed for the following reliefs:
a) A Writ in the nature of Mandamus directing the 2nd Respondent to complete the investigation in crime No.0172/2015 and file a final report before the Addl. Civil Judge (Jr.Dn) and JMFC, Chikkamagalur.
b) Pass such other order/s as this Hon’ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity.
4. When the matter was taken up today, learned Additional Government Advocate submitted that the investigation has been completed and ‘C’ Report has been filed.
5. In view of the aforesaid submission, learned counsel for the petitioner seeks leave of this Court to withdraw the writ petition with liberty to take recourse to such remedy as may be available to him under law.
Accordingly, the petition is disposed of with the aforesaid liberty.
Sd/- JUDGE SS