Karnataka High Court
Smt. Sharada. S.T vs The State Of Karnataka on 2 July, 2024
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NC: 2024:KHC-D:8962
WP No. 116731 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 116731 OF 2019 (GM-RES)
BETWEEN:
SMT. SHARADA. S.T.,
W/O. SHARNAPPA C.H.,
AGE: 37 YEARS,
OCC: TEMPORARY ASSISTANT PROFESSOR,
FOLKLORE UNIVERSITY GOTAGODI,
TQ: SHIGGAV, DIST: HAVERI,
R/O: H.NO.16717/1,
DALIMBAR PETHE, OLD HUBBALLI,
DIST: DHARWAD-580009.
...PETITIONER
(BY SRI. SANTOSH B. RAWOOT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HOME,
VIDHAN SOUDHA, BENGALURU-560001.
ASHPAK
KASHIMSA
MALAGALADINNI
2. THE STATE OF KARNATAKA,
Location: HIGH
COURT OF REPRESENTED BY ITS SECRETARY,
KARNATAKA,
DHARWAD
BENCH
DEPARTMENT OF HIGHER EDUCATION,
VIDHAN SOUDHA, BENGALURU-560001.
3. THE DIRECTOR GENERAL OF POLICE,
STATE OF KARNATAKA, BENGALURU-560001.
4. THE SUPERINTENDENT OF POLICE,
HAVERI, DIST: HAVERI-581110.
5. THE HAVERI MAHILA POLICE STATION,
REPRESENTED BY ITS STATION HOUSE OFFICER,
HAVERI-581110.
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WP No. 116731 of 2019
6. THE VICE CHANCELLOR,
KARNATAKA FOLKLORE UNIVERSITY,
GOTAGODI, TQ: SHIGGAV,
DIST: HAVERI-581110.
7. THE VICE - CHANCELLOR,
DRAVIDIAN UNIVERSITY, KUPPAM,
DIST: CHITTOOR,
STATE: ANDHRA PRADESH-517426.
8. THE CENTRAL BUREAU OF INVESTIGATION,
# OFFICE OF SUPDT. OF POLICE,
NO.36, BELLARY ROAD,
KHC LAYOUT, GANGANAGAR,
BENGALURU -560001.
9. DR. M.N. VENKATESH REGISTRAR EVALUATION,
KARNATAKA FOLKLORE UNIVERSITY, GOTAGODI,
TQ: SHIGGAV, DIST: HAVERI-581110.
...RESPONDENTS
(BY SRI. V.S. KALASURMATH, HCGP FOR R1-R5;
SRI. J.S. SHETTY, ADV. FOR R6;
SRI. S.S. PATIL, ADV. FOR R7;
SRI. NEELENDRA D. GUNDE, ADV. FOR R8;
SRI. C.V. ANGADI, ADV. FOR R9)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE
NATURE OF MANDAMUS OR ANY OTHER WRIT OR DIRECTIONS,
DIRECTING THE DIRECTING THE 1ST RESPONDENT TO TRANSFER OF
CRIME NO.7 OF 2019 ON THE FILE OF THE HAVERI MAHILA POLICE
STATION, HAVERI, HAVERI DISTRICT TO 8TH RESPONDENT FOR
INVESTIGATION; DIRECT THE 6TH & 7TH RESPONDENT TO INITIATE
NECESSARY DISCIPLINARY ACTION AGAINST THE ACCUSED IN
CRIME NO.7 OF 2019 ON THE FILE OF THE HAVERI MAHILA POLICE
STATION, HAVERI, HAVERI DISTRICT.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 116731 of 2019
ORDER
The captioned writ petition is filed by the petitioner
seeking mandamus to direct respondent No.1 to handover over
the investigation in Crime No.7/2019 to respondent No.8/CBI
on the ground that Investigating Officer is guilty of not properly
investigating the case on hand.
2. Learned HCGP appearing for respondents-State on
instruction submits that Investigating Officer after investigation
has submitted 'B' false report.
3. Learned counsels appearing for other contesting
respondents have also placed reliance on the law laid down by
Hon'ble Apex Court in the case of State Of West Bengal and
Others Vs Committee for Protection of Domestic Rights,
West Bengal1 and also the latest judgment of Hon'ble Apex
Court following the dictum laid down in the above cited
judgment.
4. Learned HCGP and the learned counsel appearing
for contesting respondents submit that on account of 'B' false
report submitted by Investigating Officer, no indulgence can be
(2010) 3 SCC 571
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granted by this Court. On account of subsequent developments,
having regard to the fact that Investigating Officer has
submitted 'B' false report, the prayer sought in the captioned
writ petition does not survive for consideration. If 'B' false
report is submitted by the Investigating Officer, the petitioner
has to challenge the 'B' false report. The petitioner having
already challenged the 'B' false report by lodging a protest
memo, has to work out his grievances before the learned
Magistrate by recording his sworn statement, petitioner is at
liberty to place on record all the relevant documents while
assailing the 'B' false report.
5. This Court has also taken cognizance of the law laid
down by Hon'ble Apex Court in the case of State Of West
Bengal and Others (supra). The Hon'ble Apex Court has
consistently held that mere allegations against police officials
that they are not investigating the matter, is not sufficient.
Hon'ble Apex Court has held that investigation to CBI can be
handed over only in a rare and acceptable situations and only
when a situation warrants. Even on this count, this Court is not
inclined to grant any indulgence at this juncture.
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Writ petition is accordingly dismissed.
Liberty is reserved to the petitioner to produce all the
relevant documents while assailing the 'B' false report.
Sd/-
JUDGE
AM
