Petitioners, claiming interest under a will in a missing man's property, sought CBI investigation into his disappearance. The court held their concern was purely proprietary and the matter was already under police investigation, dismissing the writ petition as not maintainable.
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NC: 2024:KHC:38555 WP No. 42599 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE K V ARAVIND
WRIT PETITION NO. 42599 OF 2017 (GM-POLICE)
BETWEEN:
W/O. LATE MUNIRAJU @ HADDUGADU AGED ABOUT 68 YEARS, R/AT NO.1, SY.NO.135 AND 136, BINNAMANGALA VILLAGE, OLD MADRAS ROAD, INDIRANAGARA, BENGALURU – 560 038.
Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka
S/O. LATE M.B. MUNIYAPPA, AGED ABOUT 67 YEARS, R/O. NO.50/1, UPPER PIPELINE, SHESHADRIPURAM, BENGALURU – 560 020.
…PETITIONERS
(BY SRI A.T. MALLYA, ADVOCATE FOR P1 AND SRI SHRISHAIL A. HUBLI, ADVOCATE FOR P2)
AND:
…RESPONDENTS
(BY SRI S.H. RAGHAVENDRA., AGA FOR R1 TO R4 & SRI M.C. RAVI KUMAR, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT No.1 TO ENTRUST THE MATTER OF MISSING PRAKASH BABU TO CENTRAL BUREAU OF INVESTIGATION OR ANY OTHER EFFECTIVE AGENCY LIKE C.O.D. & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K V ARAVIND
ORAL ORDER
Heard Sri A.T. Mallya, learned counsel for petitioner No.1, Sri Shrishail A. Hubli, learned counsel for petitioner No.2, Sri S.H. Raghavendra, learned Additional Government Advocate for respondent Nos.1 to 4 and Sri M.C. Ravi Kumar learned counsel for respondent No.5.
prayers:-
i. Issue a writ or order in the nature of mandamus directing the 1st respondent to entrust the matter of missing Prakash Babu to Central Beauro of Investigation or any other effective agency like C.O.D.
ii. Issue a writ or order in the nature of mandamus directing the 3rd respondent police to file further status report in the matter of tracing Prakash Babu.
iii. Issue such other order or direction as deemed fit under the circumstances of the case.
way connect to safe-guard the life and interest of
Mr. Prakash Babu said to be missing. Learned counsel for
the petitioners submits that missing person is required to be traced in view of his interest in immovable property, which petitioners would be entitled under the will.
interested. This Court further directed to protect the properties from any further alienation or creation of any charge.
W.P.No.45/2005 was preferred by respondent No.5. The Division Bench of this Court issued series of directions during the hearing of the said petition. The Division Bench has recorded that the anxiety of the parties is only concerning the properties of Mr. Prakash Babu and not his presence. The complaint regarding missing of Mr. Prakash Babu is under investigation in crime No.125/2005. Further the record would indicate that the jurisdictional magistrate has issued permissions for various test/investigations to be carried out.
interest in the life and survival of Mr. Prakash Babu. On considering the vehement arguments advance, it is purely in relation to the properties owned or share of Mr. Prakash Babu.
petition is not maintainable in the present form. The petitioners are at liberty to pursue the investigation in crime No.125/2005 and seek appropriate directions before the jurisdictional magistrate. Respondent-Police are directed to submit the investigation report before the jurisdictional magistrate at the earliest.
Accordingly, writ petition is dismissed as not maintainable.
Sd/(K V ARAVIND) JUDGE
CR
List No.: 1 Sl No.: 14
1 issue framed by the court
Whether the writ petition seeking transfer of a missing-person investigation to the CBI was maintainable when the matter was already under investigation in Crime No.125/2005.
1 provisions across 1 enactments
Smt. Katamma
M.B. Ramu
The State of Karnataka represented by its Chief Secretary
The Commissioner of Police Bengaluru City
The Station House Officer Indiranagara Police Station
N. Sampathkumar
K V Aravind
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
