UMADEVI Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioner sought for a writ of mandamus directing the respondents No.1 and 2 to hand over the investigation to any other agency like COD or CBI.

(2.) ONE Govindaraju ­ husband of the petitioner and Dasappa ­ husband and father of respondent Nos.3 to 6 are own brothers. They are owning agricultural lands at Anupanahalli Village, Urdigere Hobli, Tumkur Taluk. The land was originally granted in favour of the father of Govindaraju and Basappa. The husband of the petitioner ­ Govindaraju was suffering from illness and he could not able to take decision. Therefore, he was treated at NIMHANS Hospital as inpatient in the year 1990. Taking advantage of the of the mental condition of the husband of petitioner, the respondent Nos.3 to 5 have created a document i.e. Vibhaga Pathra / Partition Deed dated 07.09.2002 which was registered in the Office of the Sub -Registrar as they have divided the property and the 'A' schedule property has been allotted to the husband of the petitioner. Subsequently, the said Govindaraju ­ husband of the petitioner filed a suit in O.S. No.362/2003 before the Civil Judge (Jr. Dvn.), Tumkur for cancellation of the registered Partition Deed dated 07.09.2002. During the pendency of the said suit, the husband of the petitioner ­ Govindaraju was found missing. Therefore, on 21.07.2006 the petitioner lodged a missing complaint before the 2nd respondent ­ Police. The same was registered as Crime No. 160/2006. Due to non -appearance of Govindaraju the suit O.S. No. 362/2003 was withdrawn and the petitioner filed another suit in O.S. No. 160/2006, which is pending in the same Court.

(3.) THE respondent Nos.1 and 2 have filed objections stating that after receiving the complaint from the petitioner, the same has been registered as Crime No. 160/2006 and after investigating into the offence, the 2nd respondent filed charge sheet against respondent Nos.3 to 6 and the same is pending before the learned Principal Civil Judge and JMFC, Tumkur.