IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.24010 OF 2017 (GM-POLICE) BETWEEN:
THE NEW INDIA ASSURANCE CO LTD MOTOR T P CLAIMS HUB MAHALAKSHMI CHAMBERS NO.9, M G ROAD BANGALORE-560001 REPRESENTED BY ITS MANAGER SRI C K SURYAPRAKASH AGED ABOUT 59 YEARS.
(BY MR. C R RAVISHANKAR, ADV.) AND:
1. STATE OF KARNATAKA HOME DEPARTMENT VIDHANA SOUDHA BANGALORE-560001 REPRESENTED BY ITS CHIEF SECRETARY.
2. SUPERINTENDENT OF POLICE RAMANAGARA DISTRICT RAMANAGARA.
3. THE INSPECTOR OF POLICE KANAKAPURA RURAL POLICE STATION KANAKAPURA RAMANAGARA DISTRICT-571401.
4. SRI NARAYANA SHETTY S/O SRI CHIKKANNA SHETTY R/A NO.112, 3RD DIVISION KANAKAPURA TOWN … PETITIONER GODOWN BEEDI, H M DODDI KANAKAPURA TALUK RAMANAGARA DISTRICT-571401 (OWNER OF MOTORCYCLE NO.KA-42-U-128) 5. SRI KUMAR M S/O SRI MAHADEVAIAH AGED ABOUT 23 YEARS R/A MALLAPPANADODDI VILLAGE KASABA HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-571401 (RIDER OF MOTORCYCLE NO.KA-42-U-128) … RESPONDENTS (BY MR. VIJAYKUMAR A PATIL, AGA FOR R-1 TO 3 MR. PRAKASH M H, ADV. FOR R-4 R-5 SEVED AND UNREPRESENTED) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN CRIME NO.49/2015 FROM THE KANAKAPURA RURAL POLICE STATION, RAMANAGARA DISTRICT, PERUSE THE SAME.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.C.R.Ravishankar, learned counsel for the petitioner.
Mr.VijayKumar A.Patil, learned Additional Government Advocate for respondent Nos.1 to 3.
Mr.Prakash M.H., learned counsel for respondent No.4.
2. The writ petition is admitted for hearing.
With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs:
(a) Issue a writ of Mandamus or any other appropriate writ, order or direction to the 2nd respondent Superintendent of Police, Ramanagara District, Ramanagara, to reinvestigate into the accident case in Crime No.49/2015 Rural Kanka P.S. to ascertain the truth or otherwise of the alleged accident and report, in pursuance of the complaint dated 10.05.2017 submitted by the petitioner insurance company as per Annexure-G.
(b) Issue any other writ, order or direction as may be deemed fit in the circumstances of the case, and award cots in the interest of justice and equity.
4. When the matter was taken up today, learned Additional Government Advocate submitted that after completion of the investigation, the charge sheet has already been filed before the competent court and therefore, after filing of the charge sheet, the petitioner cannot reinvestigate in the absence of any such provisions under the Code of Civil Procedure, 1908.
5. In view of the aforesaid submission and in the facts of the case, the petition is disposed of with liberty to the petitioner to take recourse to such remedy as may be available to him under law.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS