IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.50675 OF 2014 (GM-POLICE) BETWEEN:
THE NEW INDIA ASSURANCE CO. LTD., REGIONAL OFFICE, NO.2-B, UNITY BUILDING ANNEX, MISSION ROAD, BANGALORE-560 027 REPRESENTED BY ITS MANAGER SRI K. MURALI KRISHNA S/O LATE K. SREERAMULU AGED ABOUT 55 YEARS (BY SRI. P. B. RAJU, ADV. FOR SRI. C. R. RAVISHANKAR, ADV.) AND 1. STATE OF KARNATAKA HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560 001 REPRESENTED BY ITS CHIEF SECRETARY 2. SUPERINTENDENT OF POLICE KOLAR DISTRICT, KOLAR-562 101 3. INSPECTOR OF POLICE KOLAR RURAL POLICE STATION, KOLAR DISTRICT-562 101 ... PETITIONER 4. SRI S V NARAYANA MURTHY AGED ABOUT 46 YEARS, S/O SRI VENKATASWAMY, R/AT SUGUTUR VILLAGE & POST, KOLAR TALUK & DISTRICT - 562101 5. SRI M ANJANEYA REDDY AGED ABOUT 29 YEARS, S/O LATE MUNIVENKATAPPA, R/AT GOTTAHALLI VILLAGE, R/AT SUGUTUR HOBLI, KOLAR TALUK -562101 ... RESPONDENTS (BY SRI. VIJAY KUMAR A. PATIL, AGA FOR R1 TO R3 SRI. T. N. VISHWANATH, ADV. FOR R4 SRI. B. C. RAJEEVA, ADV. FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN CRIME NO.392/2010 FROM THE KOLAR RURAL POLICE STATION, KOLAR DISTRICT, PERUSE THE SAME AND DIRECT THE SUPERINTENDENT OF POLICE, KOLAR DISTRICT, KOLAR TO REINVESTIGATE INTO THE ACCIDENT CASE IN CRIME NO. 392/2013 TO ASCERTAIN THE TRUTH OR OTHERWISE OF THE ALLEGED ACCIDENT AND REPORT IN PURSUANCE OF THE COMPLIANT DATED 11.2.2013 SUBMITTED BY THE PETITIONER INSURANCE COMPANY VIDE ANN-H & J.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. P. B. Raju, learned counsel for the petitioner. Sri. Vijay Kumar A. Patil, learned Additional Government Advocate for respondent Nos.1 to 3, Sri. T.
N. Vishwanath, learned counsel for the respondent No.4, Sri. B. C. Rajeeva, learned counsel for the respondent No.5.
2. With consent of the parties, the petition is heard finally.
3. In this petition, the petitioner inter alia seeks a writ of mandamus seeking a direction to the Superintendent of Police, Kolar to re-investigate Crime No.392/2010 in pursuance of the complaint dated 11.02.2013 submitted by the petitioner.
4. Mr. Vijaya Kumar A. Patil, learned Additional Government Advocate has filed a memo which is taken on record. He submitted that in pursuance of the information furnished by one Anjaneya Reddy, Crime No.392/2010 was registered with regard to the incident in question. The police after completion of investigation has filed the charge-sheet. Thereafter, the III Addl. Sr.
Civil Judge & JMFC, Kolar, by an order dated 25.09.2017 has acquitted the accused in the aforesaid case. It is further submitted that in the fact situation of the case, no relief can be granted to the petitioner as there is no provision for ordering the re-investigation of the case after an accused is acquitted in the criminal case.
5. In view of the aforesaid submission and taking into account the fact that the police after completing investigation have filed a charge-sheet and the accused was acquitted in the aforesaid criminal case, no relief at this point of time can be granted to the petitioner with regard to re-investigation of the same crime number.
6. In the result, the writ petition is dismissed.
Sd/-
Judge RD