Dismissed

Smt H Mallamma W/O. Late H Doddahanumanna v. the State of Karnataka

Karnataka HC13 Jan 2020WP/102925/2018

Case brief

AI extract

What is this about?

Petitioner sought mandatory direction under Article 226 for investigation of specific offences before evidence commencement. The Court held that since charge sheet was filed, the matter falls within trial court's jurisdiction. Petitioner has alternate remedy under law.

What did the court decide?

Writ petition alleging direction for investigation of remaining offences is dismissed as trial court has jurisdiction post charge sheet.

Smt H Mallamma W/O. Late H Doddahanumanna… — Contract and Commercial Disputes | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 13^TH DAY OF JANUARY, 2020

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BEFORE

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THE HON’BLE MR.JUSTICE S.G. PANDIT

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WRIT PETITION NO.102925/2018 (GM-POLICE)

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BETWEEN

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SMT H MALLAMMA W/O. LATE H DODDAHANUMANNA AGE:57 YEARS, OCC:AGRICULTURIST, R/O. VELMIKIKERI, SOMAPPA CAMP, SREERAMARANGAPURA VILLAGE, HOSAPETE TALUK, BALLARI DISTRICT-583129.

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... PETITIONER

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(BY SRI. V SHIVARAJA HIREMATH, ADVOCATE)

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AND

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THE STATE OF KARNATAKA R/BY ITS SECRETARY, DEPARTMENT OF HOME MINISTRY, VIDHANA SOUDHA, BENGALURU-01.

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THE SUPERINTENDENT OF POLICE BALLARI DISTRICT, BALLARI.

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THE DEPUTY SUPERINTENDENT OF POLICE HAMPI SUB-DIVISION, KAMALAPURA, BALLARI DISTRICT.

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THE SUB-INSPECTOR OF POLICE KAMPLI POLICE STATION, KAMPLI, BALLARI DISTRICT.

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... RESPONDENTS

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(BY SRI.V.S.KALASURMATH, HCGP FOR R1 TO R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE INVESTIGATING OFFICER RESPONDENTS NO.3/THE DEPUTY SUPERINTENDENT OF POLICE, HAMPI SUB-DIVISION, KAMALAPURA, BALLARI DISTRICT, TO INVESTIGATE COMPLETELY AND TO SUBMIT FINAL REPORT AS SOON AS POSSIBLE WITH RESPECT TO THE REMAINING OFFENCES PUNISHABLE UNDER SECTIONS-419, 420, 465, 468 R/W. 34 OF I.P.C IN ACCORDANCE WITH LAW BEFORE THE COMMENCEMENT OF EVIDENCE IN SPECIAL CASE NO.94/2017 PENDING ON THE FILE OF FIRST ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI ORDER SHEET PRODUCED AT ANNEXURE-"E".

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard the learned counsel for the petitioner and the learned HCGP.

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The petitioner is before this Court under Article 226 of the Constitution of India praying for the following relief.

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“a. Issue a writ in the nature of mandamus or any other appropriate writ order or direction directing the investigating officer respondents No.3/the Deputy Superintendent of Police, Hampi Sub-Division, Kamalapura, Ballari District, to investigate completely and to submit final report as soon as possible with respect to the remaining offences punishable under sections-419, 420, 465, 468 r/w. 34 of I.P.C in accordance with law before the commencement of evidence in Special Case No.94/2017 pending on the file of first Additional District and Sessions Judge, Ballari, order sheet produced at Annexure-"E".”

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The petitioner is seeking for a

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mandamus to the respondents to file the final report in respect of the offences stated therein.

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The averment of the writ petition discloses that the police have already filed the charge sheet and the petitioner is seeking filing of the final report in respect of the other offences which the charge sheet would not contain. Once the charge sheet having been filed, it is within the jurisdiction of the trial Court. It is open for the petitioner to avail the alternate remedy available under law. Accordingly, the writ petition stands dismissed.

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Sd/JUDGE

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Smt H Mallamma W/O. Late H Doddahanumanna v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt H Mallamma W/O. Late H Doddahanumanna v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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