IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.50793 OF 2014 (GM-POLICE) BETWEEN:
SMT. JABEENA TAJ, W/O.MOHAMMED ISMAIL, AGED ABOUT 42 YEARS, OCCUPATION HOME MAKER, R/AT GRAND HOTEL BUILDING, ODINAIL ROAD, ANDERSONPET, KGF-563113, KOLAR DIST., … PETITIONER (BY MR. M.R.BALAKRISHNA, ADV FOR PET. ABSENT) AND:
1. THE GOVERNMENT OF KARNATAKA, REP., BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE – 560 001.
2. THE HOME SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE – 560 001.
3. THE DIRECTOR GENERAL OF POLICE & INSPECTOR GENERAL OF POLICE, NRUPATUNGA ROAD, BANGALORE – 560 001.
4. THE INSPECTOR GENERAL OF POLICE, CENTRAL RANGE, MILLERS ROAD, BANGALORE – 560052.
5. THE CID, CARLTON HOUSE, PLACE ROAD, BANGALORE – 560001.
6. THE SUPERINTEND OF POLICE, KGF, KOLAR DIST., - 563125.
7. THE STATION HOUSE OFFICER, ANDERSONPET POLICE STATION, KGF, KOLAR DIST., - 563113.
(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 R1 TO ENTRUST THE INVESTIGATION IN COMPLAINT AND CRIME NO.127/2014 DATED 28.10.2014 REGISTERED U/S 448, 354 R/W 34 IPC AS PER ANN-A & B TO THE R-7 CID OR ANY OTHER INDEPENDENT AGENCY AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner when the matter was taken at 4.15 p.m.
Mr.Vijay Kumar A.Patil, learned Additional Government Advocate for respondents.
Record perused.
3. In this petition, the petitioner inter alia seeks a direction to the State Government to entrust the investigation of Crime No.127/2014 dated 20.10.2014 to CID or any agency and to initiate suitable action against respondent No.4 for dereliction of any duty for conducting investigation in Crime No.127/2014.
4. 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 respondents submitted that after completion of investigation, charge sheet has been filed against the accused person in Crime No.127/14 and the matter is pending trial. Therefore, at this stage, the question of granting the relief as prayed for by the petitioner does not arise.
5. In view of the aforesaid submission and taking in to account the fact that the charge sheet has already been filed against the accused persons, nothing survives for adjudication in this writ petition.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE SS