IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No.47281/2016 (GM-POLICE) BETWEEN SRI PRASANNA KUMAR, S/O.NAGARAJAPPA, AGED ABOUT 35 YEARS, OCCUPATION: BUSINESS, DODDABANAHALLI VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU DISTRICT-560067 ... PETITIONER (BY SRI SRINATHA B.V., ADV. FOR SRI NANJUNDA GOWDA M.R, ADV.
AND 1. STATE OF KARNATAKA BY SULIBELE POLICE, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, PIN CODE-562114.
2. THE INSPECTOR OF POLICE, NANDAGUDI CIRCLE, NANDAGUDI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, PIN CODE-562114.
3. THE SUPERINTENDENT OF POLICE BENGALURU RURAL DISTRICT, CUNNINGHAM ROAD, OPP. TO VIKRAM HOSPITAL, BENGALURU CITY, PIN CODE-560001.
RESPONDENTS NO.1 TO 3 ARE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560001. ... RESPONDENTS (BY SRI VIJAY KUMAR A.PATIL, LEARNED AGA FOR R1-3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-3 TO REFER THE FURTHER INVESTIGATION TO ANY OTHER POLICE OFFICER EXCEPT SULIBELE POLICE AND TO FILE SUPPLEMENTARY/ADDITIONAL CHARGE SHEET AGAINST REAL CULPRIT ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.Srinath.B.V. for Sri.Nanjunda Gowda.M.R., learned counsel for the petitioner and Sri.Vijay Kumar.A.Patil, learned Additional Government Advocate for respondent Nos.1 to 3.
2. The writ petition is admitted for hearing. With the consent of the parties, the matter is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner has inter alia prayed for the following reliefs:
“(i) Issue a Writ of Mandamus or any other appropriate Writ, order or direction, directing the respondent No.3 to refer the further investigation to any other police officer except Sulibele Police and to file supplementary/additional charge sheet against real culprit.
(ii) Pass such other order or orders as the case may be.
(iii) Award cost.”
4. When the matter was taken up for consideration today, learned counsel for the respondents submits that after completion of the investigation, charge sheet has already been filed and in case, the petitioner requires further investigation, his remedy is to approach the concerned Magistrate Court where the charge sheet has been filed under the provisions of Section 173(8) of the Cr.P.C.
5. In view of the above submission, I deem it appropriate to dispose of the writ petition with liberty to the petitioner to take recourse to such remedy as available to him under the law.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE VM CT:HR