IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.38465 OF 2018 (GM-POLICE) BETWEEN:
SRI. K SRINIVASAMURTHY S/O LATE KALEGOWDA AGED ABOUT 52 YEARS, R/AT DOOR NO.77, 1ST MAIN, 4TH CROSS, HSBS LAYOUT BASAVESHWARANAGARA BENGALURU - 560 079.
(BY MR. S BALAKRISHNAN, ADV.) AND:
1. SECRETARY HOME AFFAIRS VIDHANASOUDHA BENGALURU - 560 001.
2. INSPECTOR/DIRECTOR GENERAL OF POLICE NRUPATHUNGA ROAD BENGALURU - 560 009.
3. COMMISSIONER OF POLICE INFANTRY ROAD, BENGALURU - 560 001.
4. INSPECTOR OF POLICE YELAHANKA POLICE STATION BENGALURU - 560 063.
5. CENTRAL BUREAU OF INVESTIGATION … PETITIONER GANGANAGAR BENGALURU - 560 032.
… RESPONDENTS (BY MR. VIJAY KUMAR A PATIL LEARNED AGA FOR R1 TO R4 MR. P PRASANNA KUMAR, ADV. FOR R5) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-5 TO TAKE OVER THE INVESTIGATION OF CRIME NO. 38/2017 REGISTERED BY R-4 FOR THE OFFENCES PUNISHABLE UNDER SECTION 307 R/W 34 OF IPC AND SECTION 26 AND 27 OF INDIAN ARMS ACT AND CARRYOUT THE INVESTIGATION AND TO REPORT TO THIS HON'BEL COURT REGARDING PROGRESS OF INVESTIGATION.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, the petitioner is seeking for a writ of mandamus directing 5th respondent to take over the investigation of Crime No.38/2017 registered by 4th respondent for the offences punishable under Section 307 r/w 34 of IPC and Sections 26 and 27 of Indian Arms Act and carryout the investigation and to report to this Hon’ble Court regarding progress of investigation.
2. Accordingly, the writ petition is disposed of with a liberty to the petitioner that in case a representation is made with regard to his grievance raised in the petition to the competent authority, the same shall be decided by the competent authority within a period of four months from the date of receipt of such a representation. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS