Karnataka High Court
Smt. Channamma W/O. Late Yellappa ... vs Police Sub Inspector on 21 August, 2013
Author: Anand Byrareddy
Bench: Anand Byrareddy
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 21ST DAY OF AUGUST, 2013
BEFORE
THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY
WRIT PETITION No. 80379/2013 (GM-RES)
BETWEEN:
Smt. Channamma Wife of
Late of Yellappa Huchappa Hebbelli,
Age: 31 Years, Occupation Nil,
Resident of Keri Holad Oni, Badami,
District Bagalkot.
...PETITIONER
(By Sri. Anand R Kolli, Advocate)
AND:
1. Police Sub Inspector,
Badami Police Station,
District Bagalkot.
2. India Reserve Battalion,
Represented by Commandant,
Bijapur-586 101, Near DC Office.
3. Sri. Ningappa Huchappa Hebballi,
Resident of Sulla, Taluk Badami,
District Bagalkot.
...RESPONDENTS
(By Sri. Vinayak Kulkarni, Government Pleader)
---
2
This Writ Petition is filed under Article 226 and 227 of
Constitution of India Read With 482 of Code of Criminal Procedure,
1973, praying to quash the entire proceeding in P.S Crime
No.157/2010 pending on the file of Senior Civil Judge and JMFC,
Badami, direct the respondent No.2 to consider the representations
vide Annexure-E and E1 dated 08.06.2011 respectively and further
direct to pass an appropriate order in accordance with law and direct
to the Hon'ble Senior Civil Judge and JMFC., Badami to dispose of
the matter as expeditiously as possible in PS No. 157/2010.
This petition coming on for Orders this day, the Court made
the following:
ORDER
The learned Counsel for the petitioner withdraws prayers at item nos.(1) and (2). Having regard to the further directions sought for, in the circumstances of the case, the petition is considered for final disposal.
The learned Government Pleader is directed to take notice for respondent no.1. Notice to respondent no.2 is dispensed with.
2. It is the petitioner's case that respondent no.3 was the brother-in-law of the petitioner and he had lodged a complaint against the petitioner, to the effect that the petitioner was guilty of having committed the murder of her husband, as she was having an illicit 3 relationship with another and that the murder was committed since she stood to gain both by being free to carry on her relationship with the other person and further that she would also get the service benefits due to her husband's death. It is in this background that a case has been registered for offences punishable under Sections 143,147,302, 201 and 149 of the Indian Penal Code, 1860 (Hereinafter referred to as the 'IPC', for brevity).
3. On the basis of the complaint, the prosecution had conducted an inquiry and filed a "B" Report. Respondent no.3 had filed a protest application to the final report. The same is pending consideration before the court below. By virtue of such proceedings, the petitioner has been unable to secure any benefits that were due to her on her husband's unfortunate death. Though a false complaint has been lodged against her on suspicion, there is no such evidence found by the Police after investigation and therefore, the pendency of the proceedings without any final order being passed by the court below on the protest application filed by the third respondent, which is pending consideration before the court below since the year 2010, 4 has caused grave injustice to the petitioner, who has no source of livelihood and has to take care of two children. And therefore, the petitioner is before this court for an appropriate direction for expeditious disposal of the pending application.
Accordingly, the petition is allowed. The Civil Judge (Senior Division) and JMFC, Badami, is directed to dispose of the pending protest application of respondent no.3 with expedition in case No.PS 157/2010, in any event, within a period of four weeks, from the date of receipt of a certified copy of this order.
Sd/-
JUDGE nv