Dismissed
V.L. Soumya v. the State of Karnataka
Karnataka HCWP/7681/2023
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2023:KHC:20648 WP No. 7681 of 2023 IN THE…
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2023:KHC:20648 WP No. 7681 of 2023 IN THE…
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NC: 2023:KHC:20648 WP No. 7681 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7681 OF 2023 (GM-RES)
BETWEEN:
V.L.SOUMYA W/O LATE GANGADHARA U. G., AGED ABOUT 28 YEARS UPINAHALLY VILLAGE DANDIGANHALLY HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT – 573 225.
…PETITIONER
(BY SRI. MANJUNATHA P. V., ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:20648 WP No. 7681 of 2023
OFFICE OF THE SUPERINTENDENT OF POLICE, HASSAN DISTRICT, RANGOLI HALLA, HASSAN – 573 201.
HASSAN DISTRICT – 573 116.
5. POOJA
W/O BHARATHA AGED ABOUT 22 YEARS JANIVARA VILLAGE, KASABA HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT – 573 217.
…RESPONDENTS
(BY SMT. K.P.YASHODA, HCGP FOR R-1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C., PRAYING TO-DECLARE THAT THE INVESTIGATION CARRIED OUT BY RESPONDENT NO. 4 POLICE IN CRIME NO. 303/2022 OF CHANNARAYAPATNA TOWN POLICE STATION, HOLENARASIPURA SUB-DIVISION, HASSAN DIST. REGISTERED FOR OFFENCES UNDER SEC 143, 147, 148, 302, 149, 109 IPC AS PER ANNEXURE-A DATED 13.10.2022 THE SUBSEQUENT CHARGE SHEET FILED AS PER ANNEXURE-B DATED 04.01.2023. NOW PENDING IN S.C.NO. 49 OF 2023 IN THE COURT OF THE IV ADDL. DIST. AND SESSIONS JUDGE, HASSAN SITTING AT CHANNARAYAPATNA, AS PER ANNEXUREH IN SO FAR AS NOT IMPLEADING R-5 AND 6 AS ACCUSED
NC: 2023:KHC:20648 WP No. 7681 of 2023
ARE FAULT, UNFAIR, INEFFECTIVE AND LIABLE TO BE REJECTED
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner is before this Court seeking following prayers:
“WHEREFORE, the petitioner prays that this Hon’ble Court may be pleased to:
(i) declare that the investigation carried out by respondent No.4 Police in Crime No.303/2022 of Cannarayapatna Town Police Station, Holenarasipura Sub-Division, Hassan District, registered for offences under Sections 143, 147, 148, 302, 149, 109 IPC as per ANNEXURE-A dated:13.10.2022, the subsequent charge sheet filed as per ANNEXURE-B dated:04.01.2023, now pending in S.C.No.49 of 2023 in the Court of the IV Additional District and Sessions Judge, Hassan sitting at Channarayapatna, as per ANNEXURE-H in so far as not impleading respondent Nos.5 and 6 as accused are faulty, unfair, ineffective and liable to be rejected.
(ii) direct respondent Nos.2 and 3 to set up a special investigation team to conduct a proper and effective further investigation into the role of respondent Nos.5 and 6 in the murder of Gandadhara on 13.10.2022 registered in Crime No.303/2022 of Channarayapatna Town Police Station, Holenarasipura Sub-Division, Hassan District, registered for offences under Sections 143, 147, 148, 302, 149, 109 IPC, as per Annexure – A to meet the ends of justice.”
into the proceedings in S.C.No.49 of 20223, who are given up while filing the charge sheet.
NC: 2023:KHC:20648 WP No. 7681 of 2023
With the aforesaid observations, petition stands disposed.
Sd/JUDGE
BKP
List No.: 1 Sl No.: 57 CT:SS
2 provisions across 2 enactments
V.L.SOUMYA W/O LATE GANGADHARA U. G.
THE STATE OF KARNATAKA
DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE KARNATAKA
SUPERINTENDENT OF POLICE
STATION HOUSE OFFICER CHANNARAYAPATNA
POOJA
M.NAGAPRASANNA
As recorded by the court registry
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