Vk Building Services Pvt Ltd vs The State Of Karnataka
2021 Latest Caselaw 4026 Kant

                             1

  IN THE HIGH COURT OF KARNATAKA, BENGALURU

   DATED THIS THE 12TH DAY OF NOVEMBER, 2021

                       BEFORE

       THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

   WRIT PETITION NO.18805 OF 2021(GM-POLICE)
BETWEEN:

V K BUILIDING SERVICES PVT LTD.,
M-142, 9TH A MAIN,
JEEVAN BHEEMA NAGARA,
LIC COLONY, HAL 3RD STAGE,
BENGALURU - 560 075.
REPRESENTED BY ITS MANAGING DIRECTOR,
L VIVEKANADA

                                         ...PETITIONER
(BY SRI. MALLIKARJUN N K, ADVOCATE FOR
    SRI. SAMPATH A, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,
   REPRESENTED BY ITS SECRETARY,
   DEPARTMENT OF HOME MINISTRY,
   VIDHANA SOUDHA,
   BENGALURU - 01.

2. SUB-INSPECTOR OF POLICE,
   J B NAGAR POLICE STATION,
   BENGALURU - 560 075.
                                     ... RESPONDENTS
(BY SRI. VINOD KUMAR, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-2 TO COMPLETE THE INVESTIGATION
EXPEDITIOUSLY ON A COMPLAINT DATED 14.03.2018 OF
PETITIONER REGISTERED FIR DATED 20.3.2018 IN CRIME
NO.110/2018 JEEVAN BHEEMA NAGAR POLICE STATION
FOR THE OFFENCES PUNISHABLE U/S 420,46,468,471 R/Q
34 INDIAN PENAL CODE COPIES WHEREOF ARE AT
ANNEXURE-A AND C.

    THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
                                   2



                                ORDER

The short grievance of the petitioner is against

alleged tardy investigation process in re the offence of

forgery & and fabrication of cheques in question.

2. Learned AGA appearing for the respondents

points out that the investigation in the matter has already

been undertaken and the subject cheques have been

submitted for forensic examination and that such

examination would take its own time regard being had to

the mounting workload on the Forensic

Science Laboratory; so contending, he seeks dismissal of

the writ petition.

3. Having heard the learned counsel for the

parties and having perused the petition papers, this Court

is inclined to direct speedy investigation of the subject

offences provided that the FSL furnishes the forensic

report expeditiously; FSL can delay the examination of the

cheques in question infinitely.

In the above circumstances, this writ petition is

disposed off directing the FSL to accomplish the forensic

examination of cheques in re Crime No.110/2018 of

Jeevan Bheema Nagar Police Station and submit the report

to them within three months; in turn the police shall

within next 60 days complete their investigation keeping in

view the law laid down by the Apex Court in LALITHA

KUMARI Vs. GOVT. Of UP & OTHERS, (2014) 2 SCC 1.

Registry shall send a copy of this judgment to the

Forensic Science Laborarory, Madivala, Bengaluru for

information & compliance; non-compliance will be viewed

seriously and an adverse entry may be made in the Service

Register of the concerned official/s.

Now, no costs.

Sd/-

JUDGE

Bsv