IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.28364 OF 2019(GM RES) BETWEEN:
SRI MADRAS SWAMIJI AVADHUTHA ASHRAMA TRUST REPRESENTED BY ITS PRESIDENT SRI GOPALAIAH S/O LATE RANGAIAH AGED ABOUT 77 YEARS MADRAS SWAMIJI MUTT KARADI GUDDA, PALACE HONNAMACHANAHALLI POST HULIYURU DURGA HOBLI KUNIGAL TALUK TUMKUR DISTRICT – 572 013.
... PETITIONER (BY SMT.SANDHYA U.PRABHU, ADVOCATE SRI M MANJUNATH, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY IT’S STATE PUBLIC PROSECTOR BANGALORE – 560 001.
2. THE SUPERINTENDENT OF POLICE TUMKUR DISTRICT TUMKUR – 572 010.
3. THE HULIYUR DURGA POLICE STATION REPRESENTED BY ITS SHO HULIYURU DURGA KUNIGAL TALUKA – 572 013. TUMKUR DISTRICT.
... RESPONDENTS (BY SRI B BALAKRISHNA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTIONS OR ORDER TO THE R-2 TO ENTRUST CASE CRIME No.61/2018 TO ANY OTHER STATION OFFICER OTHER THAN THE R-3 UNDER HIS JURISDICTION TO CONDUCT THE ENQUIRY AND INVESTIGATION AND SUBMIT THE REPORT AS CONTEMPLATED UNDER SECTION 173(2) OF THE CRPC TO THE SR.(DVN) CIVIL JUDGE AND JMFC COURT, KUNIGAL, TUMKUR DISTRICT; TO PASS DIRECTION TO THE R-2 TO SUPERVISE THE MATTER AND ENSURE THE MATTER THAT THE R-3 WORK WITH DILIGENCE AND RESPONSIBILITY AND SUBMIT THE REPORT TO TRIAL COURT IN TIME.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Smt. Sandhya U.Prabhu, learned Counsel for the petitioner.
Sri.B.Balakrishna, learned Additional Advocate for respondents.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this writ petition, petitioner, inter alia, has prayed for the following reliefs:
“ i) Issue the writ of mandamus or Directions or order to the Respondent No.2 to entrust case Crime No.61/2018 to any other Station Officer other than Respondent No.3 under his jurisdiction to conduct the enquiry and investigation and submit the Report as contemplated u/s 173(2) of the Cr.P.C to the Sr.(Dvn) Civil Judge and JMFC Court, Kunigal, Tumkur District;
2. To pass any Order or Direction to the Respondent No.2 to supervise the matter and ensure the matter that the Respondent No.3 work with diligence and responsibility and submit the report to trial court in time.”
3. When the matter was taken up today, learned Additional Government Advocate, on instructions, submits that the matter has been investigated and B- report has been filed on 2.11.2018.
4. Aforesaid submission is placed on record.
5. In view of the aforesaid submission, petitioner is granted with liberty to take recourse to such remedy as may be available to him in law.
Accordingly, writ petition is disposed of with such liberty.
Sd/- JUDGE ln.
CT-HR