Karnataka High Court
WRIT PETITION 100827 of 2025 on 30 December 2023
Digitally signedby RAKESH SHARIHARLocation: HighCourt ofKarnataka,Dharwad Bench HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30[TH] DAY OF JUNE, 2025
BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T
-WRIT PETITION NO. 100827 OF 2025 (GMRES)
BETWEEN:
SRI. SANDEEP S/O. LATE ASHOK BANAPPANAVAR, AGED ABOUT 23 YEARS, R/AT: KAVATAGI VILLAGE, JAMKHANDI TALUK, BAGALKOT DISTRICT-587302.
…PETITIONER
(BY SHRI BASAVARAJ TIMMANNAVAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA, DEPARTMENT OF HOME AFFAIRS, M. S. BUILDING, BENGALURU-560001, REP. BY ITS SECRETARY. DEPARTMENT OF HOME AFFAIRS, M. S. BUILDING, BENGALURU-560001, REP. BY ITS SECRETARY.
2. SUPERINTENDENT OF POLICE,
BAGALKOT, BAGALKOT DISTRICT-587103.
3. DEPUTY SUPERINTENDENT OF POLICE JAMKHANDI SUB-DIVISION, JAMKHANDI-587301. JAMKHANDI SUB-DIVISION, JAMKHANDI-587301.
4. POLICE INSPECTOR BILAGI, BILAGI POLICE STATION, OLD KACHERI ROAD, BILAGI-587116. BILAGI POLICE STATION, OLD KACHERI ROAD, BILAGI-587116.
…RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, R/W. 482 OF CR.P.C, 1973 PRAYING TO ISSUE A WRIT OF MANDAMUS, DIRECTING THE RESPONDENTS NO.4 TO TAKE ACTION AND AS PER ORDER DATED 30.12.2023 PASSED BY THE HON'BLE SENIOR CIVIL JUDGE AND JMFC BILAGI VIDE ANNEXURE-F, MAGISTRATE TO DIRECT THE INVESTIGATION OFFICER TO CONDUCT THE FURTHER INVESTIGATION AND SUBMITTED THE REPORT AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)
Heard Sri.Basavaraj Timmannavar, learned counsel for the petitioner and Smt.Kirtilata Patil, learned HCGP for respondents.
2. The petitioner has filed this petition under Articles 226 and 227 of the Constitution of India r/w Section 482 of Criminal Procedure Code for issue of mandamus directing respondent No.4 to take action and direct the investigation officer to conduct further investigation in the matter.
3. Brief facts of the prosecution case are as under:
The first informant lodged complaint against the respondents that the father of the first informant Ashok Hucchappa Banappanavar died on 01.05.2021. Prior to death of Ashok Hucchappa Banappanavar i.e. on 11.04.2021, all the accused persons laid criminal conspiracy and created a 'Will’ alleged to have been executed by Ashok Hucchappa Banappanavar in favour of all the accused persons and stolen 20 tola’s gold ornaments, Car bearing Registration No.KA-29/M-8762, motorcycle bearing registration No.KA-29/ED-4592, LIC bonds, sale deed in respect of vacant site, Bank pass book, FD certificates and LIC policies and used said ‘Will’ as genuine document, thereby cheated the first informant.
Hence, first informant lodged complaint with Bilagi police, this leads for registration of FIR and investigation. In turn, Investigating Officer investigated the matter and filed ‘B’ report. Hence, the complainant filed protest petition.
In turn, the learned Senior Civil Judge and JMFC., Bilagi directed the Investigating Officer to conduct further investigation and submit a report.
4. As per the directions issued by the learned Senior Civil Judge and JMFC., Bilagi, the Investigating Officer has not submitted his report. Hence, it is just and HC-KAR
necessary to direct the Investigating Officer to submit the report as per order dated 30.12.2023.
5. Issue directions to the Investigating Officer to submit report as per order dated 30.12.2023.
Accordingly, writ petition is disposed of.
Sd/-(VENKATESH NAIK T) JUDGE
HMB CT-AN List No.: 1 Sl No.: 11
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