Dismissed

Smt Shobha W/O Shivanagouda Biradar v. the State of Karnataka

Karnataka HC1 Apr 2024WP/101596/2023

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking transfer of investigation to CID and inquiry against inaction. Court held that since the charge-sheet dated 28.11.2023 was filed, the grievance regarding delay was satisfied, dismissing the petition as no longer available.

What did the court decide?

No relief granted; the petition was disposed of with the plea that the grievance regarding delay was satisfied due to the filing of the charge-sheet.

Smt Shobha W/O Shivanagouda Biradar Vs the State… — Criminal Trial and Appeal | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:5958 WP No. 101596 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1^ST DAY OF APRIL, 2024 BEFORE

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THE HON'BLE MR JUSTICE RAVI V.HOSMANI WRIT PETITION NO.101596 OF 2023 (GM-POLICE)

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BETWEEN:

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SMT. SHOBHA W/O. SHIVANAGOUDA BIRADAR, AGED 52 YEARS, OCC: HOUSEHOLD, R/O. VIVEK NAGAR, VIJAYAPUR, TQ: VIJAYAPUR, DIST: VIJAYAPUR, PIN CODE: 586109.

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…PETITIONER

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(BY SRI SHIVARAJ P. MUDHOL & SRI ANAND D. BAGEWADI & SRI SHIVANAND MALASHETTI, ADVOCATES)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, M.S. BUILDING, BENGALURU, PIN: 560001.

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CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed byCHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2024.04.02 14:56:41 +0530

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CORPS OF DETECTIVES (COD)POLICE PALACE ROAD, BENGALURU-560001.

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THE SUPERINTENDENT OF POLICE, BAGALKOT, DIST: BAGALKOT, PIN: 587101.

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CIRCLE INSPECTOR OF POLICE, JAMAKHANDI, DIST: BAGALKOT, PIN: 587301.

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POLICE SUB-INSPECTOR, SAVALGI POLICE STATION, SAVALGI,TQ: JAMAKHANDI, DIST: BAGALKOT, PIN: 587330.

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2 - NC: 2024:KHC-D:5958 WP No. 101596 of 2023

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SHANKAR S/O. RAYAPPA BALAPPANNAVAR, AGED 57 YEARS, OCC SOCIETY SECRETARY, R/O. TUBACHI VILLAGE, NOW AT RAMESHWAR COLONY, JAMAKHANDI, DIST: BAGALKOT, PIN: 587301.

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SHANTA W/O. SHANKAR BALAPPANNAVAR, AGED 48 YEARS, OCC: HOUSEHOLD, R/O. TUBACHI, NOW AT RAMESHWAR COLONY, JAMAKHANDI, DIST: BAGALKOT, PIN: 587301.

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ANNAPPA S/O. BASAPPA DASHYAL, AGED 44 YEARS, OCC: BANK EMPLOYEE, R/O. TUBACHI VILLAGE, TQ: JAMAKHANDI, DIST: BAGALKOT, PIN: 587301.

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SHIVALINGAPPA S/O. BASAPPA MIRAJI, AGED 32 YEARS, OCC: BANK EMPLOYEE, R/O. TUBACHI VILLAGE, TQ: JAMAKHANDI, DIST: BAGALKOT, PIN: 587301.

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THE PRATHMIKA KRISHI PATTINA SAHAKARI SANGH NIYAMITA, SHURAPALI, AT: SHURAPALI, TQ: JAMAKHANDI, DIST: BAGALKOT-587119, REPRESENTED BY ITS SECRETARY.

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, JAMAKHANDI, SUB-DIVISION JAMAKHANDI, DIST BAGALKOT, PIN: 587301.

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…RESPONDENTS

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(BY SRI MADANMOHAN M. KHANNUR, AGA FOR R1 TO R5 & R11; SRI MRUTYUNJAY TATA BANGI, ADV. FOR R6 TO R9; SMT. DEEPA P. DODDATTI, ADV. FOR R10)

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NC: 2024:KHC-D:5958 WP No. 101596 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 1^ST RESPONDENT TO TAKE NECESSARY APPROPRIATE STEPS HAND OVER THE INVESTIGATION IN SAVALAGI POLICE CRIME NO.123/2021 VIDE ANNEXURE-E TO THE CID POLICE I.E. 2^ND RESPONDENT HEREIN FOR INVESTIGATION AGAINST THE PRIVATE RESPONDENTS NO.6 TO 10 AND INCLUDE THE SOCIETY AND ITS BOARD OF DIRECTORS AS AN ADDITIONAL ACCUSED AND TO SUBMIT THE CHARGE SHEET TO THE JURISDICTION COURT IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE; TO DIRECT THE 1^ST AND 3^RD RESPONDENTS TO INITIATE APPROPRIATE INQUIRY AGAINST THE RESPONDENT NO.5 POLICE OFFICIALS FOR THEIR DERELICTION OF DUTY AND NOT CONDUCTING THE PROPER INVESTIGATION IN TIME AND NOT FILING CHARGE SHEET AGAINST THE RESPONDENTS NO.6 TO 10 AND OTHERS AN PERSONS WHO ARE INVOLVED IN THIS CRIME AND TO IMPOSE HEAVY COSTS ON THEM.

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THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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1. This writ petition is filed seeking for following

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reliefs.

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1. To issue writ in the nature of Mandamus directing the 1^st respondent to take necessary appropriate steps hand over the investigation in savalagi police crime no.123/2021 vide Annexure-E to the cid police i.e. 2^nd respondent herein for investigation against the private respondents no.6 to 10 and include the society and its board of directors as an Additional accused and to submit the charge sheet to the jurisdiction court in accordance with law in the interest of justice.

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1. To direct the 1^st and 3^rd respondents to initiate appropriate inquiry against the respondent no.5 police officials for their dereliction of duty and not conducting the proper investigation in time and not filing charge sheet against the

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4 - NC: 2024:KHC-D:5958 WP No. 101596 of 2023

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respondents no.6 to 10 and others an persons who are involved in this crime and to impose heavy costs on them.

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2. Learned Additional Government Advocate

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appearing for official respondents submits that a memo dated 12.01.2024 is filed along with copy of charge-sheet dated 28.11.2023 in Crime no.123/2021 of Savalgi Police Station.

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Since relief sought in writ petition was mainly on ground that there was delay in investigation and failure to file charge-sheet, grievance of petitioner stands satisfied. In case petitioner has any grievances against charge-sheet or investigation, petitioner would be at liberty to seek same before Magistrate Court.

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With above observations, writ petition stands

disposed of.

Sd/JUDGE

List No.: 1 Sl No.: 0

Smt Shobha W/O Shivanagouda Biradar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt Shobha W/O Shivanagouda Biradar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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