IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.16847 OF 2015 & 18532-533 OF 2015 (GM-POLICE) BETWEEN:
1. SRI S.K.RASTOGI S/O LATE R.P.RASTOGI AGED ABOUT 63 YEARS 2. MRS.JAISHREE RASTOGI W/O MR S.K.RASTOGI AGED ABOUT 63 YEARS BOTH ARE R/A FLAT NO.102 DASHAMESH VILLAS, B-17 MAHANAGAR EXTENSION LUCKNOW UTTAR PRADESH-226 006 … PETITIONERS (BY MR.SHAKTI SINGH DHAKRAY AND SMT.SHWETHA RAVISHANKAR, ADVOCATES) AND:
1. STATE OF KARNATAKA THROUGH HSR LAYOUT POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001 2. THE SECRETARY DEPARTMENT OF HOME VIDHANASOUDHA BENGALURU-560 001 3. CENTRAL BUREAU OF INVESTIGATION HAVING ITS OFFICE AT BANGALORE-BELLARY ROAD GANGANAGAR BENGALURU-560 032 REP. BY ITS DIRECTOR … RESPONDENTS (BY MR.VIJAYKUMAR A PATIL, ADDITIONAL GOVERNMENT ADVOCATE FOR R-1 & R-2 MR.HEGDE DEVARU GANAPATHI, ADV. FOR R-3 MR.P.PRASANNA KUMAR, ADV. FOR R-3) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 CONSIDER THE PETITIONERS REPRESENTATION DATED:22.03.2015 VIDE ANN-D AND TO DIRECT HANDOVER OF FURTHER INVESTIGATION OF THE CASE IN CRIME NO.389/2014 REGISTERED BY HSR LAYOUT POLICE STATION NOW NUMBERED AS CC NO.27512/2014 PENDING ON THE FILE OF 6TH ADDL. CHIEF METROPOLITAN MAGISTRATE, BANGALORE TO R-3 i.e. THE CENTRAL BUREAU OF INVESTIGATION AND TO DIRECT THE SAID AGENCY TO CONDUCT A DETAILED INVESTIGATION IN THE CASE AND FILE A FURTHER FINAL REPORT AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Shakti Singh Dhakray and Smt.Shwetha Ravishankar, learned counsel for the petitioners.
Mr.Vijay Kumar A. Patil, learned Additional Government Advocate for respondent Nos.1 & 2.
Mr.Hegde Devaru Ganapathi, learned counsel for respondent No.3.
2. The writ petitions are admitted for hearing.
With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioners inter alia seek a writ of mandamus directing the respondents to hand over the investigation to Central Bureau of Investigation.
4. When the matter was taken up today, learned Additional Government Advocate while referring to the statement of objections filed on behalf of the respondents submitted that during the pendency of this petition, the investigation has already been concluded and the charge sheet has already been filed.
5. In view of the aforesaid submission and in the facts of the case, the writ petitions are disposed of with a liberty to the petitioners to take recourse to such remedy as may be available to the them under the law.
Accordingly, writ petitions are disposed of.
Sd/- JUDGE SS