Karnataka High Court
M Rubin Britto S/O S. Marceleen vs Inspector Of Police Kuduthin Police ... on 6 August, 2014
Author: B.V.Nagarathna
Bench: B.V. Nagarathna
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 06TH DAY OF AUGUST 2014
BEFORE
THE HON'BLE MRS. JUSTICE B.V. NAGARATHNA
WRIT PETITION NO.107392/2014 (GM-RES)
BETWEEN
M RUBIN BRITTO S/O. S MARCELEEN
AGE: 32 YEARS, OCC: ENGINEER
R/O. 8-21, PADUVOOR, SAHAYANAGAR (POST)
KANYAKUMARI, TAMILNADU STATE 629159
... PETITIONER
(BY SRI. M V HIREMATH &
SHRI V S KALASURMATH, ADVS.)
AND
1. INSPECTOR OF POLICE
KUDUTHINI POLICE STATION
BELLARY
2. AMALRAJ S/O. PAUL RAJ
AGE: 30 YEARS,
RAGHAVENDRA COLONY
R/O. KUDUTHINI, DIST: BELLARY
3. PAUL RAJ
AGE: 58 YEARS,
R/O. RITAPURAM
KANYAKUMARI
TAMILNADU 629159
4. JOICE W/O. PAUL RAJ
AGE: 52 YEARS,
R/O. RITAPURAM
KANYAKUMARI
TAMILNADU 629159 ... RESPONDENTS
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(BY SMT. K.VIDYAVATHI, AGA FOR R1,
NOTICE TO R2 TO R4 IS DISPENSED WITH
V.C.O. DATED 06.08.2014)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE II ADDL.DISTRICT & SESSIONS JUDGE
BELLARY TO DISPOSE OF THE CRL.MISC.PTN.NO.NIL IN
S.C.NO.125/2012 FILED UNDER SEC.173(8) OF CR.P.C. ON
THE FILE OF II ADDL. SESSIONS JUDGE AT BELLARY ON
MERITS, AS PER ANNEXURE-C.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner has sought for early disposal of his application filed under Section of 173 (8) of Cr.P.C. in S.C. No.125/2012, pending adjudication before the II Additional District and Sessions Judge at Bellary.
2. The facts germane to the disposal of this writ petition is that on the submission of the committal records in C.C. No.356/2012 (Crime No.46/2012) the same was made over to the II Additional District and Sessions Judge at Bellary in S.C. No.125/2012. During the pendency of that proceeding, the petitioner filed an application under Section 173 (8) of Cr.P.C. on :3: 08.03.2013, seeking a direction for conducting further investigation in the matter, so as to ascertain the role of certain persons in the crime. In fact, the F.I.R. No.46/2012 dated 04.04.2012 was registered under Sections 498A, 304B and 34 of I.P.C. and thereafter, on investigation, a charge sheet was filed on 17.06.2012 and the matter was committed for trial. According to the petitioner, in response to that application, objections were filed on 24.07.2013. Thereafter, arguments were concluded and the matter was reserved for orders on 07.08.2013 and the orders were not ready till 11.09.2013, on that day, the Presiding Officer posted the matter for further arguments. It is the case of the petitioner that since then no orders have been passed on the application. Hence, a direction is sought to the concerned Court to dispose of that application expeditiously.
3. I have heard the learned counsel for the petitioner and learned AGA for respondent No.1 and perused the material on record.
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4. Having regard to the fact that the application filed under Section 173 (8) of Cr.P.C. has been pending consideration since 08.03.2013 i.e., for nearly 1½ years, it is a fit case where a direction should ensue to the II Additional District and Sessions Judge, Bellary in charge of S.C. No.125/2012 to dispose of that application in an expeditious manner, particularly after the arguments have been concluded and the matter was already reserved for orders. In this regard, the concerned Court is directed to dispose of the application within the period of one month from the next date given by the Court.
With the aforesaid observations and directions, the writ petition stands disposed.
Sd/-
JUDGE Rsh