Disposed

Mr.M.Shanmugam v. the Additional Chief Secretary

Karnataka HC17 Nov 2022WP/17900/2022

Case brief

AI extract

What is this about?

The Karnataka High Court, on a preliminary hearing of a writ petition, directed the Director General and Superintendent of Police to conclude the investigation into Crime No. 93/2022 within three months and file the final report, noting cooperate with police cease harassment.

What did the court decide?

Directed the investigating officer to conclude investigation within three months and file final report; cautioned against harassment and emphasized cooperation.

Mr.M.Shanmugam Vs the Additional Chief Secretary — Criminal Trial and Appeal | Karnataka HC (2022)

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WP No. 17900 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF NOVEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 17900 OF 2022 (GM-POLICE)

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BETWEEN:

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MR.M.SHANMUGAM S/O LATE MUNISWAMY AGED ABOUT 74 YEARS R/AT #18, 14 ‘D’ CROSS 22^ND MAIN ROAD

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NEAR CLASSIC APARTMENTS PADMANABHANAGAR BENGALURU – 560 070.

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MR.S.KRISHNA MURTHY S/O LATE SADASHIVAN PILLAI AGED ABOUT 75 YEARS.

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MRS.K.MANJULA W/O SRI S.KRISHNA MURTHY AGED ABOUT 72 YEARS.

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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MR.K.KARTHIK S/O SRI S.KRISHNA MURTHY AGED ABOUT 29 YEARS.

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RESPONDENTS NO.2 TO 4 ARE R/AT NO.1987, 1^ST CROSS

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ROBERTSONPET EXTENSION POST K.G.F. TALUK, KOLAR – 563 112.

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WP No. 17900 of 2022

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MR.N.M.DEVARAJAN S/O SRI L.N.MUNISWAMY AGED ABOUT 74 YEARS R/AT NO.1132, 2^ND CROSS SWARNA NAGAR EXTENSION ROBERTSONPET, K.G.F. TALUK KOLAR – 563 112.

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MRS.LALITHA M., W/O SRI N.NAGARAJAN AGED ABOUT 65 YEARS R/AT NO.176, 1^ST BLOCK CHAMPION REEF POST K.G.F. TALUK, KOLAR – 563 112.

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MR.KENNATH CUMINE S/O LATE L.P.CUMINE AGED ABOUT 73 YEARS MISSION ROAD, ROBERTSON PET K.G.F. TALUK, KOLAR – 563 112.

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MR.V.BALASUBRAMANYAM S/O LATE M.KRISHAN NAIR AGED ABOUT 73 YEARS R/AT NO.105, 4^TH STAGE B.E.M.L LAYOUT, R.R.NAGAR BENGALURU – 560 098.

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MR. A.MAHESH KUMAR S/O SRI V.ACHUTANANDA AGED ABOUT 37 YEARS DEVI NIVAS, 7^TH CROSS SUBHASHNAGAR EXTENSION ROBERTSONPET, K.G.F TALUK KOLAR – 563 112.

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WP No. 17900 of 2022

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MR. J. MOHAN RAJ S/O LATE G.JOTHINATHAN AGED ABOUT 73 YEARS R/AT NO.1252, PIPELINE, 3^RD CROSS ROADROBERTSONPET K.G.F. TALUK

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KOLAR – 563 112.

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MR.G.SUNDARAMURTHY S/O LATE L.GOVINDASWAMY AGED ABOUT 62 YEARS R/AT NO.591/, SUBHASH NAGAR ROBERTSONPET, K.G.F. TALUK KOLAR – 563 112.

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MR.M.PARTHASARATHY AGED ABOUT 73 YEARS C/O SRI S.KRISHNAMURTHY NO.1987, 1^ST CROSS ROBERTSONPET EXTENSION POST K.G.F.TALUK, KOLAR – 563 112.

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MR.T.KUMAR

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S/O LATE S.THOMAS AGED ABOUT 43 YEARS R/AT NO.75, HONCOCK BLOCK MARIKUPPAM POST K.G.F. TALUK KOLAR – 563 112.

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MR.S.SAMPATH KUMAR S/O LATE V.S.RAO AGED ABOUT 74 YEARS R/AT NO.521, GEETHA NILAYAM BAZAR STREET, OORGAUMPET K.G.F. TALUK

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WP No. 17900 of 2022

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KOLAR – 563 112.

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MRS.N.SAGUNTHALA W/O LATE SUBRAMANI AGED ABOUT 69 YEARS R/AT NO.1996, 1^ST CROSS BEHIND GOVT. BOYS HIGH SCHOOL ROBERTSONPET, K.G.F. TALUK KOLAR – 563 112.

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MRS. SELVI M., W/O LATE S.RAJA AGED ABOUT 56 YEARS R/A NO.437, 11^TH CROSS SWARNA NAGAR, ROBERTSONPET K.G.F. TALUK KOLAR – 563 112.

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MR.S.Y.MALLESHAIAH S/O YELLAPA AGED ABOUT 73 YEARS 2^ND MAIN ROAD, 4^TH CROSS AMARAVATHI LAYOUT BANGARAPET KOLAR – 563 114.

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MRS.MOHANA PRABHAKAR W/O LATE S.PRABHAKAR AGED ABOUT 68 YEARS R/AT NO.1170, 5^TH CROSS ROAD ROBERTSONPET, PIPELINE K.G.F. TALUK KOLAR – 563 112.

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MRS. JAYAMMA W/O LATE JAYARAM REDDY AGED ABOUT 74 YEARS

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WP No. 17900 of 2022

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R/A NO.136, DODDACHIHALLI POST VIA OORGAUM, K.G.F. TALUK KOLAR – 563 112.

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MRS.S.SUSHEELA W/O Y.SAMPATH RAJAN AGEDA BOUT 57 YEARS R/AT NO.248, GEETHA ROAD EXTENSION NEAR GOUNDER OIL MILL 2^ND LINE, ROBERTSONPET K.G.F.TALUK, KOLAR – 563 112.

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MRS.VASAGI

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AGED ABOUT 47 YEARS.

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MRS.D.MALLIGA W/O MR.DHANRAJ AGED ABOUT 51 YEARS RESPONDENT NO.21 AND 22 ARE IN C/O SRI S.KRISHNAMURTHY NO.1987, 1^ST CROSS ROBERTSONPET EXTENSION POST K.G.F. TALUK, KOLAR – 563 112.

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…PETITIONERS

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(BY SRI. KIRAN N., ADVOCATE)

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AND:

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THE ADDITIONAL CHIEF SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU – 560 001.

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THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE KARNATAKA STATE POLICE HEAD QUARTERS

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WP No. 17900 of 2022

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NRUPATUNGA ROAD

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BENGALURU – 560 001.

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THE SUPERINTENDENT OF POLICE K.G.F. DISTRICT KOLAR – 563 122.

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THE SUB-INSPECTOR OF POLICE ROBERTSONPET POLICE STATION K.G.F., KOLAR – 563 122.

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THE BEML EMPLOYEES CREDIT CO-OPERATIVE SOCIETY LTD., REPRESENTED BY ITS CHAIRMAN MAHARAJA ROAD ROBERTSONPET K.G.F., KOLAR – 563 122 A SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959) (RESPONDENT 1-4 ARE REPRESENTED BY S.P.P HIGH COURT OF KARNATAKA)

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…RESPONDENTS

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(BY SRI.M.VINOD KUMAR, AGA FOR R1 TO R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND 3 TO TRANSFER THE CASE BEARING CRIME NO.93/2022 PENDING FOR INVESTIGATION IN THE FILE OF R-4 POLICE STATION TO INDEPENDENT INVESTIGATION AGENCY i.e CRIMINAL INVESTIGATION DEPARTMENT FOR CONDUCTING INVESTIGATION AND TO SUBMIT THE FINAL REPORT AS REQUESTED IN ANNEXURE-G.

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WP No. 17900 of 2022

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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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Petitioners are before this Court seeking a direction by issuance of a writ in the nature of mandamus to conclude the investigation or transfer the investigation to an independent investigating agency on the ground that the final report is not filed despite the crime being registered a long ago.

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Learned Additional Government Advocate, on instructions, would submit that the investigating officer has called upon the petitioners to produce certain documents to enable him to complete the investigation and the submission is that the petitioners are not co-operating with the investigating officer.

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Learned Additional Government Advocate would further submit that if three months time is granted, the investigating officer would complete the investigation and file a final report before the concerned Court.

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The submission is placed on record.

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WP No. 17900 of 2022

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The investigating officer shall conclude the investigation within three months and shall file a final report before the concerned Court.

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It is needless to observe that if the petitioners want the investigation to be completed they shall cooperate with the investigating officer and the police shall not harass the petitioners in the garb of seeking information.

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Ordered accordingly.

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Sd/JUDGE

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BKP List No.: 1 Sl No.: 8

Mr.M.Shanmugam v. the Additional Chief Secretary

Case brief

What is this about?

What did the court decide?

Mr.M.Shanmugam v. the Additional Chief Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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