IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.56886/2015(GM-Police) BETWEEN:
MUNISWAMY K., S/O LATE KRISHNAPPA AGED ABOUT 39 YEARS R/O NO.2708, 7TH A MAIN ROAD RPC LAYOUT VIJAYANAGARA 2ND STAGE BANGALORE – 560 040.
(BY SRI JAIPRAKASH REDDY M., ADV.) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF HOME AFFAIRS REPRESENTED BY ITS SECRETARY M.S. BUILDING BANGALORE – 560 001.
2. COMMISSIONER OF POLICE NRUPATUNGA ROAD BANGALORE 560 001.
3. JOINT COMMISSIONER OF POLICE CRIME, BANGALORE CITY – 560 001.
..PETITIONER 4. VIJAYANAGARA POLICE STATION VIJAYANAGARA BANGALORE .
...RESPONDENTS (BY SRI VASANTH V. FERNANDES – HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS. 2 TO 4 POLICE TO TRANSFER THE INVESTIGATION OF THE CRIME NO.0590/2015 IN FIR DATED 22.10.2015 REGISTERED BY RESPONDENT NO.4 POLICE VIDE ANNEX-B TO ANY OTHER POLICE STATION OR TO THE CENTRAL CRIME BRANCH IN BANGALORE FOR SPEEDY INVESTIGATION.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner filed the present writ petition for writ in the nature of mandamus, directing respondent Nos.2 to 4 to transfer the investigation in Crime No.0590/2015 FIR dated 22.10.2015 registered by respondent No.4 Vijayanagara Police Station vide Annexure-B to any other Police Station or to the Central Crime Branch in Bangalore for speedy investigation.
2. Sri Vasanth V. Fernandes, learned HCGP on instructions submits that since this Court has not granted any interim order, the jurisdictional police have proceeded and completed the investigation and completed and charge sheet has been filed on 06.09.2016 in C.C. No.28313/2016 pending on the file of the XXIV ACCM, therefore, the prayer sought in this writ petition does not survive for consideration.
3. The submission made by the learned HCGP is taken on record.
4. In view of the above, the writ petition is disposed off as does not survive for consideration.
However, it is open for the petitioner to take appropriate action if so agreed, in accordance with law.
Sd/- JUDGE SBS* CT:bm