IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT APPEAL NO. 762 / 2019 (GM-POLICE) BETWEEN:
SRI B. M. NARAYANAPPA S/O LATE MUNIYAPPA @ MUNISWAMAPPA AGED ABOUT 77 YEARS R/AT BELTHUR VILLAGE BIDARAHALLI HOBLI KADUGODI POST BANGALORE EAST TALUK BANGALORE - 560 067.
... APPELLANT (By SRI. DEVARAJ N) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY KADUGODI POLICE STATION KADUGODI BANGALORE - 560 067.
2. THE ASSISTANT COMMISSIONER OF POLICE BEHIND IPTL, NEAR VYDEHI HOSPITAL BANGALORE – 560 066.
3. THE CIRCLE INSPECTOR OF POLICE KADUGODI POLICE STATION KADUGODI BANGALORE - 560 067.
... RESPONDENTS THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER DATED 23/1/2019 MADE IN WRIT PETITION 16588/2017 [GM-POLICE] PASSED BY THE LEARNED SINGLE JUDGE AND TO ALLOW THE WRIT PETITION FILED BY THE APPELLANT, IN ITS, ENTIRETY, GRANTING ALL THE CONSEQUENTIAL BENEFITS TO THE APPELLANT AND ETC.
THIS WRIT APPEAL COMING ON FOR ORDERS ON THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT Heard the learned counsel appearing for the appellant.
2. By impugned order dated 23rd January 2019, the learned Single Judge held that the writ petition filed by the appellant herein for writ of mandamus directing the respondent to entrust the investigation to a specialized Investigating Agency had become infructuous. The reason set out in the impugned order is that during the pendency of the petition, the police authorities have completed the investigation and have filed ‘B’ report before the learned Magistrate and objections have been raised by the petitioner to the report. Hence, the learned Single Judge disposed of the petition on the ground that the same was rendered infructuous. We find no error in the said observations made by the learned Single Judge in paragraph 5 of the impugned order. Hence, there is no merit in the appeal and the same is accordingly dismissed.
Sd/- CHIEF JUSTICE Sd/- JUDGE SN