IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.22485 OF 2016 (GM-POLICE) BETWEEN:
KUM. BHAGYA T A D/O ANNAJI GOWDA AGED 29 YEARS WORKING AS TEACHER AT GOVERNMENT PRIMARY SCHOOL JAMBALEM, KUDREMUKH POST KALASA HOBLI - 577124 MUDIGERE TALUK.
(By Mr. N. RAVINDRANATH KAMATH, ADV.) AND:
1. THE STATE OF KARNATAKA REP. BY THE SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BANGALORE – 560001.
2. THE SUPERINTENDENT OF POLICE CHIKMAGALUR DISTRICT – 577101.
3. THE STATION HOUSE OFFICER TERIKERE TOWN POLICE STATION TERIKARE SUB DIVISION CHIMAGALUR – 577101.
4. HARISHA S/O LOKESHAPPA AGED ABOUT 31 YEARS GOVERNMENT SCHOOL TEACHER KOTE CAMP, TARIKERE – 577228.
… PETITIONER 5. INDIRAMMA W/O LOKESHAPPA AGED ABOUT 51 YEARS HOUSE WIFE KOTE CAMP TARIKERE – 577228.
6. LAXMI W/O MOUNESH AGED ABOUT 36 YEARS HOUSE WIFE GALIHALLI, TARIKERE TOWN – 577228.
7. ANANDA S/O MARULAPPA AGED ABOUT 39 YEARS GOVERNMENT SCHOOL TEACHER TARIKERE TOWN – 577228.
… RESPONDENTS (By Mr. VIJAY KUMAR A. PATIL, LEARNED AGA FOR R1 – R3 Mr. H.C. SHEKARAPPA, ADV., FOR R4 – R7 (ABSENT)) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R1 & R2 TO TRANSFER INVESTIGATION OF THE CRIME No.229/2015 ON THE FILE OF TARIKERE POLICE STATION COD OR ANY OTHER COMPETENT POLICE STATION IN CHIKMAGALUR DISTRICT OTHER THAN TARIKER POLICE STATION INVESTIGATION INTO THE COMPLAINT OF THE PETITION BY CONSIDERING THE CASE ON THE BASIS OF SEC.376 OF IPC AND FILE A FINAL REPORT AT THE EARLIEST IN A TIME BOUND MANNER & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.N.Ravindranath Kamath, 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) to direct respondents 1 and 2 to transfer investigation of the Crime No.229/2015 on the file of Tarikere Police Station to C.O.D or any other competent Police Station in Chikmagalur District other than Tarikere Police Station investigate into the complaint of the petition by considering the case on the basis of Section 376 of IPC and file a Final Report at the earliest in a time bound manner; and (b) grant such other and further reliefs as this Hon’ble Court deem fit and proper in the circumstances of the case in the interest of justice and equity.
4. When the matter was taken up today, learned Additional Government Advocate submitted that during the pendency of the petition, the investigation is completed and the charge sheet has been filed and trial has commenced.
5. In view of the aforesaid submission and in the facts of the case, nothing survives for adjudication. Accordingly, the writ petition is disposed of.
Sd/- JUDGE SS