LATEST JUGDEMENT KAVITHA LANKESH VERSUS STATE OF KARNATAKA & ORS. Appeal (Crl.), of 2021
JUDGEMENT OVERVIEW
COURT : Supreme Court of India (Full Bench (FB)- Three Judge)
JUDGEMENT NAME : KAVITHA LANKESH VERSUS STATE OF KARNATAKA & ORS. Appeal (Crl.), of 2021
JUDGEMENT DATE : Oct 21, 2021
RELATED SECTIONS : INDIAN PENAL CODE, 1860
Section 302 – Punishment for murder
IMPORTANT PARAGRAPH :
A.M. KHANWILKAR, J.
- These appeals emanate from the judgment and order dated
22.04.2021 passed by the High Court of Karnataka at Bengaluru in
Writ Petition No.9717 of 2019 (GMRES), whereby the High Court
partly allowed the writ petition and quashed the order bearing
No.CRM(1)/KCOCA/01/2018 dated 14.08.2018 issued by the
Commissioner of Police, Bengaluru City according prior approval to
invoke offences under Section 3 of the Karnataka Control of
Organised Crimes Act, 2001 against Mohan Nayak.N (private respondent herein)
being crime registered with Rajarajeshwari Nagar Police Station as
FIR No.221/2017 dated 05.09.2017 and to enquire into the same.
- Shorn of unnecessary details, be it noted that the present
appeals pertain to the incident which had occurred on 05.09.2017
in which one Gauri Lankesh, who was a leading journalist, was
shot dead by certain unknown assailants near her house at
Rajarajeshwari Nagar, Bengaluru. Her sister Kavitha Lankesh
(appellant herein) rushed to the spot and after seeing her sister in
a precarious condition, immediately lodged a complaint with the
Rajarajeshwari Nagar Police Station, which came to be registered
for offences punishable under Section 302 of the IPC and Section
25 of the Arms Act, 1959 being FIR No.221/2017 dated 05.09.2017.
The investigation of the crime was thereafter
entrusted to the Special Investigating Team on 06.09.2017.
- In the course of investigation, a preliminary chargesheet came
to be filed against the concerned accused on 29.05.2018. The
crime was then committed to the City Civil and Sessions Judge as
CC No.14578 of 2018. The Investigating Officer had sought
permission of the Magistrate to file an additional chargesheet
under Section 173(8) of the Criminal Procedure Code as the
investigation was still underway. The private respondent Mohan
Nayak. N came to be arrested on 18.07.2018 in connection with the
stated crime. The further investigation revealed that the accused
persons in Special CC No.872 of 2018 were involved in organized
crime as a syndicate which attracted the provisions of Section 3 of
the 2000 Act. The SIT submitted that report to the Chief
Investigating Officer, who then sought approval of the
Commissioner of Police, Bengaluru City vide proposal dated
07.08.2018, to invoke Section 3 of the 2000 Act concerning
organized crime.
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KAVITHA LANKESH