IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.62732 OF 2016 (GM-POLICE) BETWEEN:
Smt.Sakamma W/o Late.Muniyappa, Sannenahalli Village, Thippasandra Hobli, Magadi Taluk, Ramanagara District-571 511.
… Petitioner (By Sri.Shrishail A. Hubli, Advocate)(Absent) AND:
1. State of Karnataka, By Secretary and Commissioner Department of Home, Vidhana Soudha, Bengaluru-560 001.
2. Director General of Police, Police Head Quarters, Nrupathunga Road, Bengaluru-560 001.
3. The Superintendent of Police, Ramanagara District, Ramanagara-571 511.
4. Sub-Inspector of Police, Kudur Police Station, Magadi Taluk, Ramanagara District-571 511.
5. Guruprasad S/o Late Mahadevaiah Aged about 31 years, R/o.Thavarakere Village, Thippasandra Hobli, Magadi Taluk, Ramanagara District-571 511.
6. Thirumalaiah S/o.Late.Kariyappa, Aged about 72 years, R/o.Sannenahalli village, Thippasandra Hobli, Magadi Taluk, Ramanagara District-571 511.
… Respondents (By Sri.Vijay Kumar A.Patil, AGA for R1 to R4; Sri.M.Shashidhara, Advocate for R5(Absent); R6-Served and unrepresented) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to call for the records in C.C.No.583/2015 pending before the Civil Judge and JMFC, Magadi; direct the respondent Nos.1 to 3 to take steps to re-open and entrust the investigation to C.O.D or any other investigating agency pertaining to Crime No.9/2015 numbered as C.C.No.583/2015 pending before Civil Judge and JMFC, Magadi, vide Annexure-K and etc.
This Petition coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:-
ORDER None for the petitioner.
Sri.Vijay Kumar A.Patil, learned Additional Government Advocate for respondent Nos.1 to 4.
In this petition, the petitioner inter-alia has prayed for the following reliefs:
“i. Issue a writ or order in the nature of mandamus, directing the respondents No.1 to 3 to take steps to re-open and entrust the investigation to C.O.D or any other investigating agency pertaining to Crime No.9/2015 numbered as C.C.No.583/2015 pending before Civil Judge and JMFC, Magadi – produced as Annexure-K and ii. Issue such other order or direction as deemed fit under the circumstances of the case.”
2. When the matter was taken up today, learned Additional Government Advocate submitted that Police after completion of investigation have filed charge sheet before the Court of competent jurisdiction for the offence punishable under Section 304A of Indian Penal Code, 1860.
3. In view of the aforesaid submission, nothing survives for adjudication in this writ petition. Hence, the writ petition is disposed of.
It is needless to state that the petitioner shall be at liberty to take recourse to such remedy as may be available to her under the law.
Sd/- JUDGE dn/-