Allowed

Smt Nagaveni v. the State of Karnataka

Karnataka HC25 Jan 2024WP/6121/2023

Case brief

AI extract

What is this about?

The petitioner filed a writ petition under Articles 226 and 227 of the Constitution seeking a direction to the respondent police station to conclude the investigation into her mother's suspicious death. The court observed the neglect of duty and directed the investigation to be completed.

What did the court decide?

The respondent No.3 is directed to conclude the investigation and file a final report before the competent court within one month.

Smt Nagaveni Vs the State of Karnataka — Execution and Attachment | Karnataka HC (2024)

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1 - NC: 2024:KHC:3554 WP No. 6121 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 6121 OF 2023 (GM-POLICE)

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BETWEEN:

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SMT NAGAVENI W/O LATE CHIKKEGOWDA, D/O LATE RAJAMMA, AGED ABOUT 46 YEARS, R/O DEVINANJAIAHNA PALYA, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE 562130

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…PETITIONER

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(BY SRI. SAGAR B B., ADVOCATE)

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AND:

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Digitally signed by SUMA Location: High Court of Karnataka

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THE STATE OF KARNATAKA HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE 560001 REPRESENTED BY ITS SECRETARY

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THE ASSISTANT COMMISSIONER OF POLICE OFFICE OF THE ACP, BANGALORE NORTH TALUK, BANGALORE 560063

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THE INSPECTOR OF POLICE BAGALGUNTE POLICE STATION, BANGALORE 560073

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…RESPONDENTS

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(BY SRI. KIRAN KUMAR.,HCGP)

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2 - NC: 2024:KHC:3554 WP No. 6121 of 2023

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE INDIAN CONSTITUTION PRAYING TO DIRECT THE R-3 POLICE TO INVESTIGATE THE CRIME REGISTERED IN CRIME NO. 378/2022 BY THE R-3 POLICE, FOR THE OFFENCES PUNISHABLE UNDER SEC 302, 34 OF I.P.C. VIDE ANNEXURE-H IN A FREE AND FAIR MANNER.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner has sought for a writ in the nature of mandamus to direct the respondent No.3 to conclude the investigation of Crime No.378/2022.

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The petitioner submits that her mother died under suspicious circumstances and Respondent No.3 registered a case of unnatural death on 01.11.2021. The petitioner submits that on she coming to know of the unfortunate event, she lodged a complaint on 07.01.2022 informing respondent No.3 that her mother did not die due to a fall but was murdered. This complaint was not entertained which compelled the petitioner to file WP No.18394/2022, where this court recorded the statement of the learned Additional Government Advocate that the case of the petitioner would be revisited, in view of the

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3 - NC: 2024:KHC:3554 WP No. 6121 of 2023

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judgment of Hon’ble Apex Court in the case of the Lalita kumari Vs Government of Uttar Pradesh reported in (2014) 2 SCC 1 consequent to which a in FIR in Crime No.378/2022 was registered on 13.11.2022. Though a year has passed and till date, the investigation has not reached a final conclusion. The petitioner is therefore before this Court seeking for a direction to respondent No.2 to conclude the investigation.

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Once a cognizable offence is reported, respondent No.3 having registered a first information report and taken up investigation, is bound to conclude the investigation at the earliest and file the report before the competent Court. This having not been done, it is glaring violation of the rule of law and apparent neglect of duty by the respondent No.3 and therefore, the respondent No.3 deserves to be hauled up for not taking suitable action in concluding the investigation and filing final report.

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In that view of the matter, this writ petition is allowed . The respondent No.3 is directed to conclude the investigation and file a final report before the competent Court within the period of one month from the date of receipt of a copy of this order, failing which the petitioner

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NC: 2024:KHC:3554 WP No. 6121 of 2023

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is at liberty to pursue such action as is available under law.

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Sd/JUDGE

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KBM List No.: 1 Sl No.: 24

Smt Nagaveni v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt Nagaveni v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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