Bhimavva Somanna Vader vs The State Of Karnataka on 29 August, 2013

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Karnataka High Court

Bhimavva Somanna Vader vs The State Of Karnataka on 29 August, 2013

Bench: H.N.Nagamohan Das

                           :1:




          IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

         Dated this the 29th day of August, 2013

                          Before

     THE HON'BLE MR.JUSTICE H.N.NAGAMOHAN DAS

          W.P. NO.81602/2013 (GM-POLICE)

BETWEEN:

BHIMAVVA SOMANNA VADER
AGE: 80 YEARS,
OCC: HOUSEHOLD WORK,
R/O: ITNAL, TALUK: RAIBAG,
DIST: BELGAUM.
                                          ... PETITIONER
(BY SRI.VITTAL S. TELI, ADV.,)

AND

1.    THE STATE OF KARNATAKA
      REPRESENTED BY PRINCIPAL SECRETARY,
      MINISTRY FOR THE HOME,
      M.S. BUILDING,
      BANGALORE-560001.

2.    THE SUPERINTENDENT OF POLICE
      BELGAUM DISTRICT, BELGAUM.

3.    THE DEPUTY S P
      CHIKODI, TALUK: CHIKODI,
      DIST: BELGAUM.

4.    THE CIRCLE INSPECTOR OF POLICE
      RAIBAG POLICE STATION CIRCLE,
      RAIBAG, BELGAUM.
                              :2:




5.   THE POLICE SUB-INSPECTOR
     RAIBAG POLICE STATION,
     RAIBAG, BELGAUM.
                                         ... RESPONDENTS

(SMT. K.VIDYAVATHI, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT   THE    RESPONDENTS      TO  RECORD    THE
STATEMENT AS PROVIDED U/SEC.161 OF CPC, IN RAIBAG
PS CRI.NO.55/2013 PENDING ON THE FILE PRL. CIVIL
JUDGE AND JMFC, RAIBAG AND DELETE THE NAME OF
ACCUSED NO.4 TO 6 [PARAPPA CHANNAPPA PATIL,
IMAMSAB DASTAGIRSAB PASCHAPUR AND BHIMAPPA
SIDDAPPA BALOJI] IN RAIBAG PS CRI.NO.55/2013
PENDING ON THE FILE PRL. CIVIL JUDGE AND JMFC,
RAIBAG.

     THIS PETITION COMING ON FOR PRL. HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:


                         ORDER

Smt. K.Vidyavathi, learned Government Advocate is directed to take notice for respondents.

2. In this writ petition, the petitioner has prayed for a writ in the nature of direction to the respondents to record her statement in Crime :3: No.55/2013 and to delete the names of accused Nos.4 to 6.

3. On a complaint lodged by the petitioner the respondent police registered a case in Crime No.55/2013 for the offence punishable under Sections 143, 147, 364A, 323, 307, 347, 468, 471, 506 r/w 149 of IPC. The matter is under investigation. At this stage, it is not appropriate for this Court to issue a direction either to delete certain accused or to direct the respondent-Investigating Officer to investigate the matter in a particular manner. Therefore, the prayer sought for by the petitioner cannot be granted. Accordingly, writ petition is hereby dismissed.

Learned Government Advocate is permitted to file memo of appearance within three weeks.

Sd/-

JUDGE BS

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