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High CourtsSingle Bench(2012) 08 KAR CK 0160

Mrs. Sulatha Manelkar and Kum. Nikita Manelkar vs The Director General of Police Crime Investigation Dept. Bangalore-1, The Superintendent of Police Tumkur Dist.-1, Police Sub-Inspector Kunigal Police Station Kunigal Tumkur Dist.-1 and B.T. Venkatesh

Karnataka High Court · Decided on 3 August 2012

HON’BLE JUDGES
Mohan Shantanagoudar, J
CASE NUMBER
Writ Petition No''s. 3027-3028 of 2011 (GM-POLICE)

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Judgment

6 paragraphs · 373 words

Mohan Shantanagoudar

1.

Petitioners have sought for a direction to respondent No. 1 to investigate the complaint/notice, vide Annexure-D, dated 9.11.2011. They have also sought for quashing the FIR dated 22.4.2011 in Crime No. 111/11 registered in third respondent-Police Station, produced at Annexure-C to the writ petition. Based on certain allegations against the petitioners the First Information is lodged and consequently Crime No. 111/11 is registered in third respondent-Police Station against the petitioners for the offence u/s 279 of IPC M.V. Act. According to the petitioners, the allegations made are all false and vehicle in question is not involved in the accident that occurred on 6.4.2011 at early hours in the morning; that the vehicle in question had dashed against the tree and that the vehicle was in police custody up to 7.4.2011. Thereafter at the request of the petitioners, vehicle was towed by Mandovi Motors Private Limited, Service Road, Rajajinagar, Bangalore and the vehicle was repaired. The case of the petitioners is that complaint lodged against them is false.

2.

Whether the complaint lodged against the petitioners is true or false needs to be enquired into by the concerned police. Since the crime is registered based on the complaint against the petitioners, the said crime has to be investigated into as per law. Only after investigation, the truth will come out. During the course of investigation, the police shall record the statement of the concerned person working for Mandovi Motors.

By submitting the representation at Annexure-D, the petitioners have brought to the notice of the senior Police Officers, such as Superintendent of Police, The Director General of Police, etc. that the false complaint is lodged.

Be that as it may, since the crime is to be investigated as per law and on merits, even the higher officials cannot interfere with in the investigation. Accordingly, the writ petitions stand disposed off with a direction to respondent No. 3 to investigate into the crime on merits and in accordance: with law. During the course of investigation, the statement of the authorised officer of Mandovi Motors, mentioned supra shall also be recorded

It is open for the petitioners to produce the documents if any, in their favour before the Investigating Officer, if they so chooses.