LAWS(KAR)-2010-3-81

LAKSHMIDEVAMMA Vs. GOVERNMENT OF KARNATAKA

Decided On March 02, 2010
LAKSHMIDEVAMMA Appellant
V/S
GOVERNMENT OF KARNATAKA Respondents

JUDGEMENT

(1.) The grievance of the petitioner is that though the charge-sheet is filed by the 4th respondent-Police in Crime No. 160 of 2006, the experts's opinion relating to finger prints, thumb impression, signatures etc., are not collected by the police as of this day and consequently, the investigation cannot be said to be fully completed. This, a direction is sought for against respondent 4 to complete the necessary investigation by getting the scientific opinion on the aforementioned subjects.

(2.) Learned Government Advocate appearing for the respondents submits that the report from the laboratory is yet to be secured and immediately after securing such a report, the same will be placed before the concerned Court.

(3.) The records reveal that the petitioner has lodged the complaint before the 4th respondent-Police against one Basappa and others alleging offences punishable under Sections 419, 420, 165, 468 and 471 of the Indian Penal Code, 1860. According to the petitioner, the accused have created the sale deed in respect of the property of the petitioner and her children. It is further alleged that some other persons have appeared before the Sub-Registrar, Devanahalli and have signed the document as if the said persons are the petitioner and her children. In view of the allegations, it is just and necessary to obtain scientific opinion in respect of finger prints, signatures, thumb impressions, etc. The complaint is lodged as back as in the year 2006. Already four years have elapsed. It is unfortunate that the State Government is unable to gather the required material to proceed against the accused. Under such circumstances, necessary direction has to be issued to the respondents. Accordingly, the following order is made: