IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.44569 OF 2013 (GM-POLICE) BETWEEN:
SMT. SAKAMMA W/O LATE HONNEGOWDA AGED ABOUT 45 YEARS OCC:COOLIE/MAID SERVANT NAGANAHALLI VILLAGE, KASABA HOBLI MYSORE TALUK & DISTRICT.
(By Mr. PRANEETH G.N. ADV., FOR Mr. VIGHNESHWAR S. SHASTRI, ADV.) AND:
1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY TO HOME DEPARTMENT M S BUIDING, BANGALORE-560001.
2. CHIEF SECRETARY STATE OF KARNATAKA VIDHANA SOUDHA BANGALORE-560001.
3. DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE NRUPATHUNGA ROAD BANGALORE-560002.
4. DIRECTOR GENERAL OF POLICE COD, CARLTON HOUSE PALACE ROAD, BANGALORE-560001.
… PETITIONER … RESPONDENTS (By Smt. NILOUFER AKBAR, AGA FOR R1 TO R4) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO REFER THE COMPLAINT REGARDING DEATH OF SON OF THE PETITIONER BY NAME NARAYAN REGISTERED IN FIR 0006/13 DATED 15.4.13 ON THE FILE OF THE METAGALLI POLICE STATION, MYSORE CITY FOR COD INVESTIGATION AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Praneeth G.N., learned counsel for Sri.Vighneshwar S.Shastri, learned counsel for the petitioner.
Smt. Niloufer Akbar, learned Additional Government Advocate for the respondents.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks a direction to the respondents to refer the complaint regarding the death of son of the petitioner for C.O.D. investigation.
4. When the matter was taken up today, learned Additional Government Advocate submitted that the respondents have investigated the first information report namely FIR 0006/2013 and has filed final report which was accepted by the Taluk Magistrate on 06.09.3013 even before the writ petition could be filed. It is further pointed out that in the aforesaid report, on investigation, it was found that the death of the son of the petitioner was due to suicide committed by him.
5. In view of the aforesaid submissions, learned counsel for the petitioner seeks leave of this Court to take recourse to such remedy as may be available to the petitioner under the law.
Accordingly, the writ petition is disposed of with liberty to the petitioner to take recourse to such remedy as may be available to her under the law.
Sd/- JUDGE RV