On a preliminary hearing of a writ petition seeking CBI investigation and departmental enquiry against police officials, the High Court of Karnataka, Dharwad Bench disposed of the petition without granting relief.
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: 2024:KHC-D:6251 WP No. 102071 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF APRIL, 2024 BEFORE
THE HON'BLE MR JUSTICE RAVI V.HOSMANI WRIT PETITION NO. 102071 OF 2024 (GM-RES)
BETWEEN:
PHUPINDER SINGH LUDHAR @ PRUTHVIA SINGH S/O. SANTOK SINGHA, AGE: 44 YEARS, OCC: BUSINESS AND STATE EXECUTE COMMITTEE MEMBER SC MORECHAA BJP, R/O. KUSHI NIWAS, PLOT NO-261, CTS NO.3237, JAYANAGAR, HINDALAGA ROAD, BELAGAVI-5911081.
…PETITIONER
(BY SRI V.M. SHEELAVANT & SRI VINAY S. KOUJALAGI & SRI M. L. VANTI, SRI ROHIT L. SHEELAVANT, ADVOCATES)
AND:
CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
BELAGAVI-590001.
AGE: 36 YEARS, OCC: BUSINESS, CITY BELAGAVI, BELAGAVI-590001.
…RESPONDENTS
(BY SRI MADANMOHAN M. KHANNUR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING 2ND RESPONDENT TO HAND OVER
THE INVESTIGATION TO CENTRAL BUREAU OF INVESTIGATION NEW DELHI I.E. RESPONDENT NO.11, TO CONDUCT FURTHER INVESTIGATION AND SUBMIT REPORT IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING 2ND RESPONDENT TO INITIATE DEPARTMENTAL ENQUIRY AGAINST THE RESPONDENT NO.3 TO 7 FOR DERELICTION OF DUTY IN FILING B FALSE REPORT JUST TO HELP THE ACCUSED AND SCREENING EVIDENCE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed seeking for following reliefs:
s ubmitted that petitioner was businessman and social worker.
He was earlier active worker of congress party and on request
of Smt.Laxmi Hebbalkar, had leased his house built on plot
no.261, CTS no.3237, Jayanagar, Hindalga, Belagavi, for use as congress party office. After petitioner joined BJP and wanted to terminate lease and take back his house, there was enmity between petitioner and Smt.Laxmi Hebbalkar and her brothers. Said incident led to assault on petitioner resulting in initiation of criminal proceedings as per Annexures-F, F1 and G. Petitioner submits that there were subsequent event for which he filed a complaints at H, H1 and H2. It was submitted that Smt.Laxmi Hebbalkar being a sitting Minister, respondents No.4 to 7 were not investigating properly and had in fact, filed false B report as per Annexure-J. It was submitted that during course of investigation, CCTV footage would be a material piece of evidence in investigation of offences committed. Though Digital Video Record (DVR) was seized by Investigating Officer, they had reported it as corrupted and sought to suppress/destroy evidence against accused. Request for police protection had also remained unheeded. Facts and circumstance led petitioner to believe that there would be no proper investigation and Investigating Agency would collude with accused. Therefore, petitioner was constrained to seek prayers for directing investigation by alternative agency, namely, Central Bureau of
Investigation, New Delhi. It was submitted petitioner had earlier approached this Court twice, but writ petitions were dismissed as withdrawn with liberty to file fresh petition and in pursuance of said liberty, present petition was filed. It was submitted fact that respondents had filed ‘B’ report was cause of action for filing present petition.
also relief sought was same as sought herein.
further exigency having occurred. Though learned counsel for petitioner strained himself to substantiate by stating filing of ‘B’
report had triggered petition, it is seen that ‘B’ report at Annexure-J was filed on 11.01.2024, much before disposal of first writ petition.
Sd/JUDGE
VMB
List No.: 1 Sl No.: 27
1 issue framed by the court
Petitioner seeking direction to transfer investigation to CBI due to alleged bias and false B report.
Phupinder Singh Ludhar @ Pruthvia Singh
The State of Karnataka
Director General of Police
The Commissioner of Police, Belagavi
Shri Narayan Bharmani
Central Bureau of Investigation
Ravi V. Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
