SRI SATISH Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) The petitioner has sought for a direction to Respondent Nos. 1 and 2 to conduct re-investigation into the proceedings already concluded by way of UDR report in UDR No.48/2016 on 03.07.2017 filed by Respondent No. 2 -Inspector of Police of White Field Police Station, Bengaluru.

(2.) The petitioner has contended that, the deceased by name Gowthami, who is no other than the sister of the petitioner was given in marriage to a person by name Parthasarathy and they were blessed with two children and thereafter, two or three times, she got aborted and because of that reason, she was incurring stomach pain and in that back ground on 26.11.2016, after dinner, she went for sleeping. In the morning of 27.11.2016, Parthasarathy, the husband of the said lady was weeping because the said Gowthami has committed suicide by hanging herself to a ceiling fan. A report was lodged by the father of the deceased and the Police have investigated the matter under Section 174 of Cr.P.C. and submitted UDR report to the Assistant Commissioner. The petitioner contends that, the deceased was in the habit of writing diary and she has made certain allegations against her husband and others which was led to commission of suicide by her, therefore, the learned counsel contends that the case requires re-investigation. No report has been submitted to any court of law by the Police, but it was alleged to have been submitted to the Assistant Commissioner. Therefore, the petitioner has to approach the Higher Police Officer like Commissioner of Police bringing it to the knowledge of the said officer to take appropriate action in this regard. Therefore, no such direction can be given by this court without there being any legal infirmity in filing UDR report. It is the subsequent detection of the materials by the petitioner, on which he would like to request the Police for re-investigation of the case.

(3.) In the above circumstances, it is just and necessary to direct the petitioner to approach the Deputy Commissioner of Police or the Commissioner of Police as the case may be for appropriate remedies, by making necessary application for re-investigation or fresh investigation into the case. Therefore, giving such liberty to the petitioner, this petition is disposed of. The petitioner is at liberty to file necessary application to the commissioner or the Deputy Commissioner of Police along with necessary documents for appropriate action.