IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.34377 OF 2014 (GM-POLICE) BETWEEN:
1. SAVITHA G. ANANTH W/O. LATE MR. K.M. ANANTHKUMAR AGED ABOUT 39 YEARS 2. KUM. SMRITHI MYTREYA ANANTH D/O. LATE MR. K.M. ANANTHKUMAR AGED ABOUT 13 YEARS 3. KUM. SUNIDHI MYTHREYA ANANTH D/O. LATE MR. K.M. ANANTHKUMAR AGED ABOUT 11 YEARS PETITIONER NOS.2 AND 3 BEING MINORS ARE REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN ALL ARE PRESENTLY RESIDING AT “AKSHAYA”, NO.47/A NANJUNDESHWARA LAYOUT J.P.NAGAR V PHASE BANGALORE-560 078. ... PETITIONERS (BY SRI R. NATARAJ, ADV.) AND:
1. THE STATE OF KARNATAKA BY PRINCIPAL SECRETARY DEPARTMENT OF HOME AFFAIRS VIDHANA SOUDHA BANGALORE-560 001.
2. CENTRAL BUREAU OF INVESTIGATION GANGA NAGAR, BELLARY ROAD BANGALORE-560 032 REPRESENTED BY ITS DIRECTOR.
3. THE COMMISSIONER OF POLICE NO.5, INFANTRY ROAD BANGALORE-560 001.
4. THE ASSISTANT COMMISSIONER OF POLICE BANASAWADI BANGALORE-560 043.
5. THE POLICE INSPECTOR K.R. PURAM POLICE STATION BANGALORE-560 036. … RESPONDENTS (BY SRI VIJAY KUMAR A. PATIL, A.G.A. FOR R1 & R3-R5; SRI P. PRASANNA KUMAR, ADV. FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R3, R4 & R5 TO HAND OVER THE INVESTIGATION OF CRIME NO.219/14, TO THE R2 AND CONSEQUENTLY TO HAND OVER TO THE R2 ALL CASE DIARIES, EVIDENCE SECURED DURING THE COURSE OF INVESTIGATION AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri R. Nataraj, learned counsel for petitioners.
Sri Vijay Kumar A. Patil, learned Additional Government Advocate for respondent Nos.1, 3 to 5 and Sri P. Prasanna Kumar, learned counsel for respondent No.2.
2. The writ petition is admitted for hearing.
With the consent of learned counsel for the parties, the matter is heard finally.
3. In this petition under Article 226 of the Constitution of India, the petitioners inter alia seek a direction to the respondents to transfer the investigation of Crime No.219/2014 to respondent No.2-Central Bureau of Investigation.
4. When the matter was taken up for consideration today, Sri Vijay Kumar A. Patil, learned Additional Government Advocate for respondent Nos.1, 3 to 5 while inviting the attention of this Court to the memo filed on behalf of the respondents dated 09.09.2015 submitted that the matter has been investigated and ‘B’ Report has already been filed before the competent Court.
5. In view of the aforesaid submission, nothing survives for adjudication in this writ petition. Accordingly, the writ petition is disposed of with liberty to the petitioners to take recourse to such remedy as may be available to them under law.
Sd/- JUDGE ST