HEMAVATHI I.B. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for petitioner and counsel appearing for respondent Nos.1 and 2 and also the learned High Court Government Pleader.

(2.) This petition is filed praying this Court to issue Writ of Certiorari for setting aside the order dtd. 9/11/2023 passed in C.C.No.609/2018 pending adjudication before the I Addl. Senior Civil Judge and JMFC at Chikkamagalur as per Annexure-A and direct the respondent No.1-Police to conduct further investigation in C.C.No.6069/2018 pending adjudication before the I Addl. Senior Civil Judge and JMFC at Chikkamagalur and pass such other order as deems fit in the circumstances of the case.

(3.) The factual matrix of case of petitioner before the Police while filing the complaint that, on 3/10/2017, when complaint, her husband-CW2 by name Devaraj and Chethan were near the her house at about 9.00 a.m., the accused persons came and made galata and she lodged the complaint before the Police and on receipt of First Information on 5/10/2017, the complainant police have registered the case in Crime No.367/2017 for the offences punishable under Sec. 448, 504, 506 R/w Sec. 34 of IPC. The police after conducting the detailed investigation submitted the final report for the above offences. But, the investigation agency has not recovered the deadly weapons which were used by the accused persons while occurrence of crime or incident. It is also contended that she has clearly stated in the first information on impact of crime occurred on her husband and in further, the alleged note of her husband is annexed along with the first information. The said note is also not forthcoming along with the chargesheet. The said note is missed from the chargesheet on the influence of the accused persons. The accused persons have taken away the valuable belonging from her premises. In this regard, the necessary action was initiated. The material pertinent to the said incident is not collected and adopted in the present chargesheet. It needs to collect the said materials to show the aggression in the minds of accused persons. The investigation agency has not collected the record pertaining to treatment strategy of her husband thereby the investigation agency has caused lapse in conducting the detailed investigation. Therefore, it is necessary to refer the matter before the investigating agency to conduct further investigation and to submit further report. Hence, an application is filed under Sec. 173(8) of Cr.P.C seeking direction to the Trial Court and direct the Rural Police Station, Chikkamagalur to conduct further investigation of this case and submit further report.