A S Gupta Vs Mr Vishwanath Dwedi — Writ and Judicial Review | Karnataka HC (2025)

A S Gupta Vs Mr Vishwanath Dwedi — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of: the impugned ex parte stay granted by the Sessions Court in revision is set aside; the 63rd Addl. City Civil and Sessions Judge, Bengaluru is directed to decide Crl.R.P. No. 693/23 on merits within one month; both parties to appear on 02.06.2025; petitioner to be afforded a fair opportunity of hearing to seek further investigation. Merits left open.

Issue for consideration

Whether the ex parte interim stay granted by the learned Sessions Judge in revisional jurisdiction, staying the Trial Court's order directing the jurisdictional police to conduct further investigation, ought to be set aside. +1 more

Court's answer

In light of the ratio in Vinay Tyagi v. Irshad Ali, (2013) 5 SCC 762, whereby the revisional Court's power to interfere with a Magistrate's order directing further investigation under Section 173(8) Cr.P.C. was circumscribed, the impugned ex parte stay granted by the learned Sessions Judge in exercise of its revisional jurisdiction is set aside.

Ratio / Principle

The 63rd Addl. City Civil and Sessions Judge, Bengaluru is directed to dispose of Crl.R.P.No.693/3023 (printed thus; shown as Crl.R.P. No. 693/23 in the cause title) on merits within a period of one month from the next date of hearing.

Key takeaways

All contentions and grounds urged by the parties are kept open and left to be adjudicated by the learned Sessions Court in accordance with law; this Court expressly refrains from expressing any opinion on the merits of the case.obiter¶35
Both parties are directed to appear before the learned Sessions Court on 02.06.2025 without awaiting further notice or summons from the said Court.ratio¶36
Following paragraphs 24 and 25 of Jagjeet Singh and Ors. v. Ashish Mishra @ Monu & Anr., 2022 LiveLaw (SC) 376, the learned Sessions Judge shall afford the petitioner a fair opportunity of hearing to make an effective representation seeking further investigation into the allegations of theft of cash and other articles made in C.C. No. 29533/2018.

Detailed headnote1 paragraphs

High Court of Karnataka (Hemant Chandangoudar J., 17.04.2025) disposed of a writ petition under Articles 226 and 227 of the Constitution filed by A.S. Gupta (party-in-person) challenging the order dated 11/12/2023 passed on IA No. 1 under Section 397(1) Cr.P.C. in Criminal Revision Petition No. 693/23 by the 63rd Addl. City Civil and Sessions Judge, Bengaluru City, whereby the operation of the Trial Court's order directing the jurisdictional police to conduct further investigation under Section 173(8) Cr.P.C. was stayed. Relying on the ratio in Vinay Tyagi v. Irshad Ali, (2013) 5 SCC 762, circumscribing the revisional Court's power to interfere with a Magistrate's further-investigation order, the Court set aside the ex parte stay, directed the Sessions Court to dispose of the revision on merits within one month, and required both parties to appear on 02.06.2025. Invoking paragraphs 24 and 25 of Jagjeet Singh and Ors. v. Ashish Mishra @ Monu & Anr., 2022 LiveLaw (SC) 376, the Court further directed that the petitioner be afforded a fair opportunity of hearing to press his request for further investigation into the theft allegations in C.C. No. 29533/2018, pending before the VIII ACMM, Bengaluru. All contentions were left open and no opinion expressed on the merits.

NC: 2025:KHC:16016 WP No. 10907 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF APRIL, 2025

BEFORE

THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

WRIT PETITION NO. 10907 OF 2024 (GM-RES)

BETWEEN:

A.S. GUPTA, ADVOCATE FOR NOTARY PUBLIC MOB-9538522211 AGED ABOUT 87 YEARS, S/O LATE S L TALWARIA R/AT NO.33, JAYMAHAL ROAD, J.C. NAGAR, BENGALURU - 560 046 AND ALSO AT NO.29 3^RD B CROSS, LALBAHADUR NAGAR BENGALURU - 560 043

PRESENTLY CORRESPONDENCE TO C/O PRAKASH PARCEL SERVICES LIMITED NO.18/3, 2^ND FLOOR, 1^ST MAIN, SAMPANGIRAMA NAGAR BANGALORE - 560 027.

…PETITIONER

Digitally signed by R HEMALATHA Location: High Court of Karnataka

(BY SRI. A.S. GUPTA, PARTY-IN-PERSON)

AND:

MR. VISHWANATH DWEDI S/O LATE RAMKRISHNA SHASTRI (SINCE DEAD HENCE FORMAL PARTY)

SMT. SHASHIREKHA W/O LATE VISHWANATH DWEDI AGED ABOUT 62 YEARS

DEEPAK DWIVEDI S/O LATE VISHWANATH DWIVEDI AGED ABOUT 35 YEARS

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NC: 2025:KHC:16016 WP No. 10907 of 2024

VASU S/O LATE VISHWANATH DWIVEDI AGED ABOUT 30 YEARS

ALL ARE RESIDING AT SHREE KASHI VISHWANATH TEMPLE SHREE KASHI VISHWANATHA VIDYA MANDIR TRUST NO.33, OLD NO.2, J.C.NAGAR MUNIREDDYPALYA MAIN ROAD JAYMAHAL ROAD, BANGALORE - 560 006.

THE STATE OF KARNATAKA BY J C NAGARA PS JAYMAHAL ROAD BANGALORE - 560 006.

…RESPONDENTS

(BY SRI. B.N. JAGADEESHA, ADDL. SPP WITH SRI. RAHUL RAI K., HCGP FOR R5; R1 DEAD, HENCE FORMAL PARTY; SRI G.S. PATEEL, ADVOCATE FOR R2 TO R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED ON IA NO. 1 FILED U/S 397(1) OF CR.P.C. ORDER PASSED ON DATED 11/12/2023 BY THE HON'BLE COURT OF 63^RD ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU CITY, AT BENGALURU IN THE CRIMINAL REVISION PETITION NO.693/23 VIDE ANNEXURE-F AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

3 - NC: 2025:KHC:16016 WP No. 10907 of 2024

ORAL ORDER

The petitioner has filed the present petition challenging the order passed by the learned Sessions Court, whereby the operation of the order of the Trial Court—directing the jurisdictional police to conduct further investigation—has been stayed.

It is noted that the interim order granted by the learned Sessions Court is still in subsistence as of today. In light of the ratio enunciated in the case of Vinay Tyagi v. Irshad Ali, (2013) 5 SCC 762 , whereby powers of the revisional Court to interfere with the order of the Ld. Magistrate directing further investigation under Section 173(8) of Cr.P.C. were circumscribed, it is deemed appropriate that the impugned order of ex parte stay granted by the Ld. Sessions Judge in exercise of its revisional jurisdiction, be set aside. However, in the interest of expeditious disposal of the matter, this Court is of the considered opinion that it would be appropriate to direct the 63^rd Addl. City Civil and Sessions Judge, Bengaluru to dispose of Crl.R.P.No.693/3023 on merits within a period of one month, from the next date of hearing.

All contentions and grounds urged by the parties are kept open and are left to be adjudicated by the

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learned Sessions Court in accordance with law. This Court refrains from expressing any opinion on the merits of the case.

Both parties are hereby directed to appear before the learned Sessions Court on 02.06.2025 without awaiting further notice or summons from the said Court.

4.1. In view of the observations made by the Apex Court in the case of Jagjeet Singh and Ors. v. Ashish Mishra @ Monu & Anr., 2022 LiveLaw (SC) 376, at paragraphs No. 24 and 25 thereof, it is further directed that the Ld. Sessions Judge shall afford the petitioner herein a fair opportunity of hearing so as to enable him to make an effective representation - seeking further investigation, in relation to the allegations of theft of cash and other articles and materials, inter alia , as made in the subject complaint in C.C. No. 29533/2018, pending on the file of VIII ACMM, Bengaluru.

4.2. It is appropriate at this stage to recall the observations made in the case of Vinay Tyagi (supra) wherein the Apex Court has observed that although the power to direct further investigation is to be exercised sparingly and in exceptional cases, it is an obligation incumbent upon investigative agencies "to provide fair,

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proper and unquestionable investigation" and that the "court in its supervisory capacity is required to ensure the same".

Accordingly, the petition stands disposed of with the above observations and directions.

Ordered accordingly.

Sd/- (HEMANT CHANDANGOUDAR) JUDGE

HR

List No.: 1 Sl No.: 327