IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.51256 OF 2017 (GM-POLICE) BETWEEN:
MRS JYOTHSNA BANGARA W/O D.J.BANGARA, AGED ABOUT 62 YEARS R/AT NO.249, 4TH CROSS, KORAMANGALA, BANGALORE-560 034 ALSO AT:
GREEN FIELDS P.O.AIVERNAD, SULLIA TALUK-574 245.
(By Mr. RAJ PRABHU S, ADV.) AND:
1. THE PRINCIPAL SECRETARY DEPARTMENT OF HOME, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, DR AMBEDKAR VEEDHI, BANGALORE-560 001.
2. THE INVESTIGATION OFFICER SULLIA POLICE STATION, SULLIA, DAKSHINA KANNADA – 574239.
3. THE INVESTIGATION OFFICER CRIME INVESTIGATION DEPARTMENT PALACE ROAD, BANGALORE – 560003.
… PETITIONER 4. CENTRAL BUREAU OF INVESTIGATION UNION OF INDIA, NEW DELHI – 110001.
… RESPONDENTS (By Mr. VIJAY KUMAR A PATIL AGA FOR R1 TO R3 Mr. PRASANNA KUMAR APPEARING FOR R4 (VK NOT FILED) (ABSENT)) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO WITHDRAW THE CHARGESHEET FILED IN SC 639/2012 ON THE FILE OF THE JMFC AT SULLIA AND DIRECT TO HANDOVER THE INVESTIGATION TO CENTRAL BUREAU OF INVESTIGATION THE R-4 HEREIN AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Raj Prabhu S., learned counsel for the petitioner .
Mr.Vijay Kumar A.Patil, learned Additional Government Advocate for Respondent Nos.1 to 3.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs:
(a) Direct the 1st respondent to withdraw the charge sheet filed in SC No.639/2012 vide Annexure-J on the file of the JMFC at Sullia and direct to handover the investigation to Central Bureau of Investigation the 4th respondent herein.
(b) Direct the Central Bureau of Investigation to investigate the matter separately by not being influenced by the previous investigation of the 3rd respondent Police in Crime No.53/2008 registered on the 2nd respondent Police Station within stipulated time.
(c) and pass such other relief that this Hon’ble Court deems fit in the circumstances of the case.
4. When the matter was taken up today, learned Additional Government Advocate submitted that the police authorities after completion of investigation have filed charge sheet and the trial has commenced and the summons have been issued by the Sessions Court to the witnesses for their appearance on 08.03.2019 for recording their evidence.
5. In view of the aforesaid submission, nothing survives for adjudication in this writ petition.
Accordingly, the petition is disposed of.
Sd/- JUDGE ss