RAJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner has filed the writ petition seeking writ of mandamus directing respondent Nos.3 and 4 to hand-over the entire case file along with entire investigation and collected materials to respondent No.1-The Director General & I.G.P., and also direct respondent No.1 to refer the further investigation to either C.C.B. or C.O.D. for proper and fair investigation with the supervision of respondent No.1.

(2.) It is the case of the petitioner that the petitioner is younger brother of the deceased - Venkatesh and was working as a Driver driving both light and heavy vehicles, was unmarried and engagement had taken place for the marriage of deceased-Venkatesh with a girl of Kaggadasa Village, Krishnagiri District, Tamil Nadu. The deceased left in his Tata Indica Car bearing Registration No.KA-05- AA-6345 standing in his name for his business on 03.04.2014 at 10.00 p.m. On 04.04.2014, at 11.30 a.m., the respondent - Police came to the petitioner's house with a Driving License and R.C. Card, I.D., Card showing to identify the persons and informed that the said person has died consuming poison between Chandapura and Ramasagara Railway Line.

(3.) On the basis of the same, the petitioner has lodged a complaint before the Attibele Police, who registered a case in UDR No.9/2014 under Section 174 of Cr.P.C. An inquest was held on the dead body, after registration of UDR on 04.04.2014. After going through the contents of the Report and also the other materials, the petitioner came to know that the deceased - Venkatesh has not consumed poison, but he was killed by Yashoda, Venkatesh, Yashoda's brother. Subsequently, the petitioner came to know that his name was Lokesh. Therefore, the petitioner has lodged the complaint before the police and the police have registered a case in Crime No.197/2014 under Section 306 read with Section 34 of IPC. On 02.08.2014, the petitioner had filed the petition before Additional Civil Judge and JMFC, Anekal in Crime NO.197/2014 seeking to register the case under Section 302 read with Section 34 of IPC, besides sought for direction to Attibele Police to secure the call sheet register. Thereafter, the Hon'ble Court has passed an order directing the I.O. to conduct the investigation and submit charge sheet in accordance with law. Thereafter, the petitioner made a representation to respondent No.1 on 22.04.2014, 02.06.2014, bringing to the notice about the apprehension of the petitioner that conducting the investigation by the respondent Nos.3 and 4 is not a proper direction. Hence, sought direction to respondent No.1 to refer the matter to either CCB or COD for fair and proper investigation. Hence, the present writ petition is filed for relief sought for.