IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B. VEERAPPA WRIT PETITION NOS.42825-826 OF 2019 (GM-POLICE) BETWEEN:
1. Smt.Krithika, W/o Sandesh Shetty, Aged about 23 years, R/at Hajamadi Village, Kapu Taluk, Udupi District, Pin – 574103.
2. Master Shloka, S/o Sudhesh Shetty, Aged about 8 months, R/at Hajamadi Village, Kapu Taluk, Udupi District, Pin – 574103.
Petitioner Minor, Rep: by his natural guardian & Mother Smt.Krithika/petitioner No.1.
... Petitioners (By Sri.Pavana Chandra Shetty H, Advocate) AND 1. The Director General of Police, Nrupathunga Road, Bengaluru – 560001.
2. Inspector General of Police, Western Range, Mangalore – 575001.
3. Superintendent of Police, Udupi District, Udupi – 576 101.
4. Sampath Kumar, Police Inspector, Manipal Circle, Manipal Police Station, Udupi Taluk and District, Pin – 576104.
5. Santhosh Kunder, Police Constable, Manipal Police Station, Manipal, Udupi Taluk and District, Pin – 576104.
6. Ravi, Police Constable, Manipal Police Station, Manipal, Udupi Taluk and District, Pin – 576104.
7. Police Sub-Inspector, Manipal Police Station, Manipal Circle, Manipal, Udupi District, Pin – 576104.
... Respondents (By Sri.M.Vinod Kumar, AGA for R.1 to R.3 and R7; Notice to R.4 and R.5 are served but unrepresented) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct the respondent No.3 Superintendent of Police, Udupi District to consider the petitioner’s complaint effectively to register the FIR, by giving the official direction to the respondent No.7, against the respondent Nos.4, 5 and 6 for the offence punishable under Sections 354, 354A, 354B, 354C, 325, 326, 331, 339, 350, 351, 166, 506, 310 and read with Section 34 of IPC, made on 04.09.2019 as per Annexure-A and etc.
These Writ Petitions coming on for orders, this day, the Court made the following:
ORDER Furnishing of translated copy of Kannada Annexures are dispensed with.
2. The petitioners in the above Writ Petition sought for direction to the respondent No.3 – Superintendent of Police, Udupi District to consider the Petitioner’s complaint effectively to register the FIR, by giving the official direction to the 7th respondent, against the respondent Nos.4, 5 and 6 for the offence punishable under Sections 354, 354A, 354B, 354C, 325, 326, 331, 339, 350, 351, 166, 506, 310 and read with Section 34 of IPC made on 04.09.2019 as per Annexure-A; Direct the respondent No.3 to constitute separate Investigation Agency by appointing Dy. Superintendent of Police to investigate the complaint after registering the FIR against the 4th, 5th and 6th Respondents.
3. The learned Government Advocate filed objections and stated on oath by the concerned Police Officer that on the complaint filed by the petitioners, case has been registered in Crime No.131/2019 for the offences punishable under Sections 342, 323, 504 and 34 of IPC on 18.09.2019 and respondent No.3 already constituted separate investigation agency by Dy.S.P on 18.09.2019. Therefore, the prayer sought in the Writ Petition would not survive for consideration. The submission is placed on record.
4. The learned counsel for the petitioners submit that the offences registered in the FIR are not forthcoming with the complaint filed by them. If that is so, the petitioners have to approach the Magistrate for the appropriate relief.
5. In view of the above, the relief sought for would not survive for consideration in accordance with law. Accordingly, Writ Petitions are disposed off with liberty as stated supra.
SD/- JUDGE NBM