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Karnataka High Court · body

2001 DIGILAW 242 (KAR)

Ms. Helina Cynty Louis v. State of Karnataka

2001-03-13

K.SREEDHAR RAO

body2001
ORDER K. Sreedhar Rao, J.—The Petitioner filed a private complaint before the VII ACMM, Bangalore against one Jabina alleging that she has caused the murder of the father of the Petitioner. By the time private complaint came to be filed, it appears that the body was already buried according to the religious rites. Pursuant to the direction of the Magistrate for investigation under Section 156 Code of Criminal Procedure, the police with the assistance of the executive Magistrate, exhumed the body and said to have conducted the post-mortem proceedings also. It is the grievance of the Petitioner that they are unable to have the information regarding the result of the post-mortem report and they are not made aware of the progress in the investigation by the police. The Petitioner has also made out a grievance that during the course of the investigation, the Petitioner was made to spend some amount for the transportation of the police personnel and seek reimbursement of the expenses. The Petitioner has prayed for a direction to the Respondent-police to expeditiously complete the investigation and submit the final report. 2. After hearing the Counsel for the Petitioner for some time, I am of the view that the filing of the petition before this Court was not really necessary. The Petitioner could have as well approached the VII ACMM seeking the direction against the police to know about the progress of the investigation. Anyway, it cannot be said that the Petitioner has not made out valid grievance in law. It is obligatory on the part of the police as the investigating agency to conduct the investigation with all required transparency, efficiency and integrity and should report the progress of investigation in a phased manner to the appropriate Court. In this case, it appears that the police have not submitted timely appropriate reports showing the progress of investigation. Accordingly, I direct the Respondent to forthwith file the report before the VII ACMM about the progress made in the investigation and to expeditiously complete the investigation and file the final report as for as possible within three months.