Disposed

Sri. Lakshmana v. the State of Karnataka

Karnataka HC9 Jul 2024WP/1931/2023

Case brief

AI extract

What is this about?

Petitioner sought transfer of investigation in Crime No.287/2022 to CBI/CID/CCB and an enquiry against police officers for releasing arrested offenders without producing them before the magistrate. Respondents undertook to complete investigation within a set time. Court disposed of the petition directing completion of investigation and filing of final report within four weeks.

What did the court decide?

Respondents directed to complete investigation in Crime No.287/2022 and file final report within four weeks; petitioner directed to cooperate with investigation after notification.

Sri. Lakshmana Vs the State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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NC: 2024:KHC:26314 WP No. 1931 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF JULY, 2024 BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 1931 OF 2023 (GM-POLICE)

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BETWEEN:

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SRI. LAKSHMANA S/O LATE MUNIVENKATARAMANAPPA AGED ABOUT 65 YEARS RESIDING AT NO.4, 4^TH CROSS KRISHNAPPA LAYOUT NAGANATHAPURA BANGALORE – 560 100.

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…PETITIONER

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(BY SRI. S SREEVATSA, SENIOR COUNSEL FOR SRI. DEVARAJ N, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT VIDHANA SOUDHA BANGALORE – 560 001.

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Digitally signed by Vandana S Location: HIGH COURT OF KARNATAKA

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THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE NRUPATHUNGA ROAD BANGALORE – 560 001.

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THE COMMISSIONER OF POLICE NO.1, INFANTRY ROAD BANGALORE – 560 001.

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THE DEPUTY COMMISSIONER OF POLICE NO.8, CENTRAL DIVISION CUBBON PARK ROAD NEAR YES BANK, CUBBONPET BANGALORE – 560 001.

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NC: 2024:KHC:26314 WP No. 1931 of 2023

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THE ASSISTANT COMMISSIONER OF POLICE 1^ST FLOOR, HALASOOR GATE POLICE STATION CORPORATION CIRCLE CUBBONPETE, NAGARATHPETE BANGALORE – 560 002.

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THE CIRCLE INSPECTOR OF POLICE HALASOOR GATE POLICE STATION CORPORATION CIRCLE CUBBONPETE, NAGARATHPETE BANGALORE - 560 002.

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…RESPONDENTS

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(BY SRI. S T NAIK, AGA)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ENTRUSTING THE INVESTIGATION IN CRIME NO.287/2022 OF HALASAURGATE POLICE STATION, VIDE ANNEXURE-X TO A SPECIAL INVESTIGATING AGENCY LIKE CENTRAL BUREAU OF INVESTIGATION (CBI) OR CENTRAL INVESTIGATION DEPARTMENT (CID) OR CITY CRIME BRANCH (CCB) AND ETC.,

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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In this petition, the petitioner seeks the following reliefs:

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“a) Issue a Writ of Mandamus or any other writ or order or direction, Entrusting the investigation in Crime No.287/2022 of Halasurgate Police Station vide AnnexureX to a Special Investigating Agency like Central Bureau of Investigation (CBI) or Central Investigation Department (CID) or City Crime Branch (CCB), in the interest of justice.

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OR IN THE ALTERNATIVE

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b) Issue a Writ of Mandamus or any other writ or order or direction, directing to investigate the Crime No.287/2022 of Halasurgate Police Station vide Annexure-X through

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NC: 2024:KHC:26314 WP No. 1931 of 2023

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judicial supervision i.e., by Presiding Officer of First Additional Chief Metropolitan Magistrate, Bangalore, in the interest of justice.

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c) Issue a writ of Mandamus or any other writ or order or direction, directing the respondents 1 to 3 to form an enquiry committee against the respondents 4 to 6 for illegally releasing the offenders, Sri. Ramanjaneya and Sri. P. Lakshminarayan after their arrest for the offences and Sri. P. Lakshminarayan after their arrest for the offences punishable under Sections 120B, 419, 420, 468 and 471 of IPC in crime No.287/2022 of Halasurgate Police Station without producing them before the jurisdictional magistrate i.e., First Additional Chief Metropolitan Magistrate, Bangalore and further to take necessary action against the respondents 4 to 6 by initiating disciplinary enquiry, etc in accordance with law, to meet the ends of justice.

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d) Issue any such orders as this Hon’ble Court deems fit to grant in the facts and circumstances of the case, to meet the ends of justice.”

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Heard learned Senior Counsel for the petitioner and learned AGA for the respondents and perused the material on record.

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Learned Senior Counsel for the petitioner submits that despite lodging FIR in Crime No.287/2022, the concerned respondents have not taken any steps to complete the investigation

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4 - NC: 2024:KHC:26314 WP No. 1931 of 2023

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and final report has not been filed even till today and as such, the petitioner is before this Court by way of the present petition.

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Per contra, learned AGA invited my attention to the counter affidavit filed on behalf of respondent No.6 and pointed out that the concerned respondents would complete the investigation and submit a final report and within a stipulated timeframe and the petitioner may be directed to co-operate with the investigation after being notified about the same by the respondents.

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A perusal of the material on record, on consideration of the rival submissions, it would be necessary to extract the counter affidavit filed by respondent No.6 on behalf of the respondent, wherein at paragraph No.10, it is held as under:

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“10. I state that I have sincerely making efforts to complete the investigation in Crime No.287/2022. As there is no co-operation by the Petitioner and other Accused persons, I am unable to complete the investigation and enquiry. Hence it is pertinent to submit that if suitable directions is issued by this Hon’ble Court pertaining to the aforesaid crime No.287/2022 directing the parties concerned to co-operate in the aforesaid Crime No.287/2022, within a time frame investigation will be completed as contemplated under law at the earliest. The copy of the Case report dated 21.03.2024 prepared by the

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NC: 2024:KHC:26314 WP No. 1931 of 2023

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6^th Respondent – Police is produced herewith as Annexure-R-12 .”

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The respondents have categorically stated that if a timeframe

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is fixed by this Court, they would complete the investigation and file a report.

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In view of the aforesaid facts and circumstances, the writ petition is disposed of directing the concerned respondents to complete the investigation in Crime No.287/2022 and file a final report within a period of four weeks from the date of receipt of a copy of this order. The petitioner is directed to co-operate with the respondents for the purpose of investigation, after being duly notified in this regard by the respondents.

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Sd/JUDGE

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BMC

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List No.: 1 Sl No.: 43

Sri. Lakshmana v. the State of Karnataka

Case brief

What is this about?

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Sri. Lakshmana v. the State of Karnataka

Case brief

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