The Karnataka HC dismissed a Writ Petition filed under Articles 226 and 226 of the Constitution of India seeking transfer of a criminal matter to the Centre. The petitioner was absent at the final hearing, leading the court to dismiss the petition.
Dismissal of the Writ Petition due to the absence of the petitioner and lack of representation.
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.
NC: 2023:KHC:37066 WP No. 11865 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 11865 OF 2022 (GM-POLICE)
BETWEEN:
SMT. C. VARALAKSHMI W/O. SHIVANANJAYYA, AGED ABOUT 55 YEARS, R/AT NO.111TH A CROSS, W.O.C. ROAD, MAHALAKSHMI LAYOUT, BENGALURU-560 086.
…PETITIONER
(BY SRI. S.G. VISHWANATH, ADVOCATE - ABSENT)
AND:
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
BENGALURU-560 086.
…RESPONDENTS
(BY SRI. MANJUNATH K, HCGP)
NC: 2023:KHC:37066 WP No. 11865 of 2022
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE R-3 TRANSFER THE ABOVE MATTER TO C.O.D, C.C.B OR C.B.I.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
On 05.10.2023, the following order was passed:
“Matter is called out. There is no representation for the petitioner. Even on the last occasion there was no representation for the petitioner.
Learned HCGP submits that the Final Report has not been filed, since the investigation was not complete, moreso, because the accused person who was working as Maid Servant in the house of the petitioner is pregnant and polygraph test is not permitted against the accused person under such conditions. Therefore, the police authorities are not in a position to file a Final Report. It is submitted that learned Magistrate had permitted the conduct of polygraph test against the accused person by order dated 19.07.2022.
Re-list this matter on 11.10.2023. If there is
no representation for the petitioner on the next of hearing, the writ petition will be dismissed.”
representation for the petitioner. Consequently, the writ petition stands dismissed .
Sd/JUDGE
DL CT: JL
1 issue framed by the court
Whether the writ petition praying for transfer of the matter to COD, CCB or CBI can be maintained in the absence of the petitioner.
1 provisions across 1 enactments
SMT. C. VARALAKSHMI
THE CIRCLE INSPECTOR
THE COMMISSIONER OF POLICE
THE STATE OF KARNATAKA
R DEVDA S
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
