This judgment disposes of two writ petitions filed under Articles 226 and 227 of the Constitution of India seeking directions for the entrustment of criminal investigations to the CBI. The court held that the prayer does not survive consideration as the NIA had already filed a charge sheet.
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.
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 18TH DAY OF NOVEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.11512 OF 2020 (GM-POLICE) C/W WRIT PETITION NO.9771 OF 2020 (GM-POLICE)
IN W.P.NO.11512/2020:
BETWEEN:
2
AGE ABOUT 38 YEARS R/AT NO 61/21, 1ST CROSS ZAFARULLA LAYOUT GOVINDPURA, A C POST NEAR A R REHMAN MASJID, ARABIC COLLEGE BENGALURU – 560 045
7 . NAYEEMUNNISA W/O SYED ABDUL SATTAR AGE ABOUT 48 YEARS R/AT 1ST CROSS OPPOSITE TO K G HALLI POLICE STATION NEAR TO AXIS BANK ATM K G HALLI, BANGALORE – 560 045
3
4
R/AT 2ND CROSS, NAGWARA MAIN ROAD VINOBHANAGAR, K G HALLI BENGALURU – 560 045
26 . NOOFAN KHAN @ IRFAN KHAN S/O RIYAZ KHAN AGE ABOUT 34 YEARS R/O GOVINDPURA MAIN ROAD NEAR DOMINIC SCHOOL GOVINDPUR, BENGALURU – 560 045
5
R/AT NO 561,7TH CROSS ‘B’ BLOCK, BDA LAYOUT LINGARAJAPURAM, BENGALURU – 560 045
6
BENGALURU – 560 045
K G HALLI, BENGALURU – 560 045
7
R/AT MUNESHWARA OIL AMARAJYOTHI LAYOUT NEAR GOVERNMENT SCHOOL RACHANAHALLI THANISANDRA BENGALURU – 560 077
8
ARABIC COLLEGE POST BENGALURU – 560 045
...PETITIONERS
(BY SRI. ANEES ALI KHAN, ADVOCATE)
AND:
(BY SRI. VINOD KUMAR, AGA FOR R1 – R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-2 TO 4 TO HAND OVER ALL THE CASE PAPERS PERTAINING TO INVESTIGATION IN CR.NOS.195-205/2020, CR.NO.221/2020, CR.NO.234-235/2020, CR.NO.245246/2020, CR.NO.248-249/2020 VIDE ANNX-B TO B19 TO R-5 AND ETC.
IN W.P.NO.9771/2020:
BETWEEN:
9
2 . NOOR SHAMA W/O TAUFEEQ AHMED AGED ABOUT 31 YEARS R/AT NO. 753, GROUND FLOOR 10TH CROSS, 6TH MAIN ROAD
1ST STAGE, BANGALORE-560 043
3 . IRSHAD BEGUM W/O KALEEM PASHA AGED ABOUT 43 YEARS R/AT NO.177, 2ND MAIN, 2ND CROSS H.B.R LAYOUT, 1ST STAGE
1ST BLOCK, BANGALORE-560 043
8 . DILSHAD W/O ABDUL SUBHAN AGED ABOUT 51 YEARS R/AT NO.21, 3RD CROSS VENKATESHPUR MAIN ROAD KARUMARIYA NAGAR, MUSLIM COLONY ARABIC COLLEGE, BANGALORE-560 045
10
R/AT NO.142, 2ND CROSS SHADAB NAGAR, KAVAL BYRASANDRA BANGALORE-560 032
11
17 . JABEEN TAJ W/O LATE LAL AGED ABOUT 55 YEARS R/AT NO.54, 2ND CROSS RAGHAVAPPA BLOCK, D.J HALLI BANGALORE-560 045
12
D.J HALLI, BANGALORE-560045
(BY SRI. ANEES ALI KHAN, ADVOCATE) AND:
13
BENGALURU – 560 045
(BY SRI. VINOD KUMAR, AGA FOR R1 – R4, SRI. P. PRASANNA KUMAR FOR R5/CBI)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-2 TO 4 TO HAND OVER ALL THE CASE PAPERS PERTAINING TO INVESTIGATION IN CR.NOS.195-205/2020, CR.NO.221/2020, CR.NO.234-235/2020, CR.NO.245246/2020, CR.NO.248-249/2020 VIDE ANNX-B TO B19 TO R-5 AND ETC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The prayer for entrustment of the offence in question
for CBI investigation does not survive for consideration since NIA having investigated the same, has filed Charge Sheet before the jurisdictional court.
Both the petitions therefore are disposed off
accordingly, costs having been made easy.
Sd/JUDGE
Bsv
3 issues framed by the court
Whether the petitions praying for entrustment of investigation to CBI should be considered when NIA has already filed a charge sheet
Whether the writ petitions filed under Articles 226 and 227 of the Constitution should be allowed or dismissed
If no, what is the order of the court
ROSHANI ARA W/O ALTAF PASHA AND ORS
NAZEEMA BEGUM D/O ZAHEER KHAN AND ORS
THE STATE OF KARNATAKA
THE COMMISSIONER OF POLICE BENGALURU
THE POLICE INSPECTOR DEVARJEEVANA HALLI
THE POLICE INSPECTOR KADUGONDANAHALLI
KRISHNA S.DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
