Writ petition under Articles 226 and 227 seeking direction to hand over investigation to CBI was dismissed. The court held that no FIR was registered and the petition was disposed of due to a memo filed by the State Government.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2021
PRESENT
THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.15629 OF 2020 (GM-RES) PIL
BETWEEN:
SMT. GEETHA MISRA AGED 51 YEARS D/O KAILASHNATH MISRA, ADVOCATE R/A No.135, 47TH CROSS 3RD BLOCK, RAJAJINAGAR BENGALURU – 560 010
... PETITIONER
(BY SHRI G.R.MOHAN, ADVOCATE)
AND:
... RESPONDENTS
(BY SHRI PRABHULING K. NAVADGI, ADVOCATE GENERAL ALONG WITH SHRI VIJAYA KUMAR A. PATIL, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR DIRECTION TO THE RESPONDENTS 1 TO 3 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 26.12.2020 AS PER ANNEXURE-G BY WAY OF HANDING OVER INVESTIGATION TO THE INDEPENDENT AGENCY THE 4TH RESPONDENT CENTRAL BUREAU OF INVESTIGATION TO PROTECT THE RIGHTS AND DIGNITY, SAFETY OF WOMEN AS GUARANTEED UNDER ARTICLE 21 OF THE CONSTITUTION OF INDIA AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
The learned counsel appearing for the petitioner states that in view of what is stated in the memo dated 6th January 2021 filed by the State Government, nothing survives in the petition.
Sd/-
CHIEF JUSTICE
Sd/JUDGE
AHB
2 issues framed by the court
Whether the prayer for handing over investigation to CBI can be granted when no FIR has been registered.
Whether the petition survives in light of the memo filed by the State Government dated 6th January 2021.
1 provisions across 1 enactments
Smt. Geetha Misra
The State of Karnataka
The Additional Chief Secretary
The Commissioner of Police
The Superintendent of Police
Abhay S. Oka
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
