The High Court held that the petition challenging lack of further investigation became infructuous as CID took over the case. The Court directed CID to expedite investigation and file an additional charge sheet within three months.
Petition disposed as infructuous; CID directed to file additional charge sheet within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.46098/2018
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE 2021
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
WRIT PETITION No.46098/2018 (GM-RES)
BETWEEN :
SMT.CARMELINE PEREIRA W/O. LATE EVEREST PEREIRA AGED ABOUT 62 YEARS KIRA NAGAR, C-3 ROOM NO.6, SHANTACRUZE WEST MUMBAI- 400 054 …PETITIONER
(BY SRI GOVINDARAJ.K. ADVOCATE)
AND :
(BY SMT.NAMITHA MAHESH B.G., HCGP FOR R1)
W.P.No.46098/2018
2
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION TO RESPONDENT NO.1 TO COMPLETE FURTHER INVESTIGATION AND FILE THE ADDITIONAL CHARGE SHEET IN C.C.NO.241/2015 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE & CJM, MANGALORE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 465, 466, 467, 468, 471, 420 READ WITH SECTION 120B OF IPC ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT THROUGH VIDEO CONFERENCE MADE THE FOLLOWING:
O R D E R
This petition is filed seeking writ of mandamus against respondent No.1 Mangalore North Police for transfer of the investigation to CID and conducting further investigation and filing additional charge sheet in Crime No.211/2014 of their Police Station.
police on 20.11.2020 took over the investigation and have referred the disputed documents to forensic laboratory for
W.P.No.46098/2018
3
examination and sought permission of the Court under Section 173 of Cr.P.C. for conducting further investigation to file the charge sheet.
this order to the Investigating Officer.
Sd/JUDGE
KSR
2 issues framed by the court
Whether the writ petition seeking direction for further investigation becomes infructuous upon transfer of investigation to CID.
Whether CID is directed to conduct investigation and file additional charge sheet.
3 provisions across 2 enactments
Smt. Carmeline Pereira
State of Karnataka
Smt. Gladis D. Almeda
Mr. Shivakumar Swamy Hiremut
K.S. Mudagal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
