IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.51322 OF 2014 (GM-POLICE) BETWEEN SRI. V. LAKSHMANA SHARMA S/O LATE SRI V. KRISHNAMURTHY SHARMA, AGED ABOUT 55 YEARS, OCCUPATIONL ADVOCATE, R/O H.NO.10-3-71/2, TEACHER’S COLONY, EAST MARREDPALLY, SECUNDERABAD, ANDHRA PRADESH PRESENTLY RESIDING AT H.NO. 12-252/8, ROAD NO.4, VIDYANAGAR, KALWAKURTHY TOWN AND MANDAL, MAHABUBNAGAR DISTRICT ANDHRA PRADESH (BY SRI. BASAVARAJ R. Y., ADV. FOR SRI. NITIN R., ADV.) AND 1. THE STATE OF KARNATAKA REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA BANGALORE 560001 2. THE DIRECTOR GENERAL OF POLICE STATE OF KARNATAKA, POLICE HEAD QUARTERS, NRUPATHUNGA ROAD, BANGALORE 560001 ... PETITIONER 3. THE SUPERINTENDENT OF POLICE M.B. ROAD, KOLAR DISTRICT 563101 4. THE CIRCLE INSPECTOR OF POLICE AND S.H.O GULPET POLICE STATION, KOLAR DISTRICT 563102 5. SRI DEVARAJ URS MEDICAL COLLEGE REPRESENTED BY ITS PRINCIPAL, TAMAKA, KOLAR 563101 6. R.L JALAPPA HOSPITAL REPRESENTED BY ITS MEDICAL SUPERINTENDENT SRI DEVRAJ URS UNIVERSITY, TAMAKA, KOLAR 563101 7. CENTRAL BUREAU OF INVESTIGATION OFFICE OF SUPDT. OF POLICE, NO.36, BELLARY ROAD, GANGANAGAR, BANGALORE 560032 ... RESPONDENTS (BY SRI. VIJAY KUMAR A. PATIL, AGA FOR R1 TO R4 SRI. M. R. NAIK, SR. ADV. FOR R5 & R6 SRI. P. PRASANNA KUMAR, ADV. FOR R7/CBI SRI. HEGDE DEVARU GANAPATHI, ADV. FOR R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THAT THE INVESTIGATION IN CRIME NO. 128/13 TO BE DONE BY THE R-7 IN CRIME NO. 128/2013 PENDING INVESTIGATION BEFORE THE GULPET POLICE, KOLAR DISTRICT AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Basavaraj R. Y., learned counsel for the petitioner.
Sri. Vijay Kumar A. Patil, learned Additional Government Advocate for respondent Nos.1 to 4; Sri. M. R. Naik, learned Senior counsel for respondent Nos.5 and 6; Sri. P. Prasanna Kumar and Sri. Hegde Devaru Ganapathi, learned counsel for respondent No.7.
2. With consent of the parties, the petition is heard finally.
3. In this petition, the petitioner inter alia seeks a direction to the Central Bureau of Investigation to investigate Crime No.128/13 pending before the Gulpet Police, Kolar District. Alternatively, the petitioner has sought for investigation of the crime by an independent agency.
4. When the matter was taken up today, Mr. Vijay Kumar A. Patil, learned Additional Government Advocate, submitted that police have completed investigation and have filed the ‘B’ report on 31.03.2015 before the II Additional Civil Judge and JMFC, Kolar. It is also pointed that the appropriate remedy for the petitioner is to file a protest petition before the concerned Court.
5. In view of the aforesaid submission, learned counsel for the petitioner submits that he be granted the liberty to file a protest petition before the competent Court.
6. In view of the aforesaid submission and in view of the subsequent events which have taken place during the pendency of the petition, the petition is disposed of with liberty to the petitioner to file a protest petition before the competent Court in accordance with law.
Accordingly the writ petition is disposed of.
Sd/-
Judge RD