The petitioner sought transfer of an investigation into a death case to the Crime Investigation Department. The State submitted that a final report had already been filed before the Magistrate. The Court dismissed the petition as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 9330 OF 2016 (GM-POLICE)
BETWEEN:
SRI.M.A.VISHWANATH, AGED ABOUT 40 YEARS, S/O LATE M.D. AIYANNA, SULUGODU VILLAGE, PONNANAPPASANTHE POST, VIRAJPET TALUK, KODAGU DISTRICT - 571 219.
…PETITIONER
(BY SRI. M.A. VISHWANATH., PARTY-IN-PERSON;)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. MANJUNATH K., HCGP FOR R1 TO R6; SRI. KIRAN M.M AND JAGADEESH K.M., ADVOCATE FOR R7 AND R8;)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS TO HANDOVER THE CASE PERTAINING TO THE DEATH OF M.A. THIMMAIAH IN FIR NO.1/2016 AT ANNEX-H OF PONNAMPETE POLICE STATION UNDER SEC.120B, 302, R/W 34 OF IPC TO COPS OF DETECTIVE AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed for a direction to hand over the case pertaining to the death of M.A.Thimmaiah in Crime No.1/2016 of Ponnampete Police Station to the COD.
Sd/JUDGE
AM
List No.: 2 Sl No.: 10
1 issue framed by the court
Whether the petition for transfer of investigation to COD remains viable after the police submitted a final report to the Magistrate?
SRI.M.A.VISHWANATH
STATE OF KARNATAKA
IGP, GOVERNMENT OF KARNATAKA
SUPERINTENDENT OF POLICE, OFFICE DEPUTY COMMISSIONER, DISTRICT OFFICE COMPLEX, MADIKERI
DEPUTY SUPERINTENDENT OF POLICE, VIRAJPET TALUK, KODAGU DISTRICT
CIRCLE INSPECTOR OF POLICE, GONIKOPPAL, KODAGU DISTRICT
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
