- 1 - NC: 2025:KHC:16016 WP No. 10907 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 10907 OF 2024 (GM-RES) BETWEEN: 1. 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 3RD B CROSS, LALBAHADUR NAGAR BENGALURU - 560 043 PRESENTLY CORRESPONDENCE TO C/O PRAKASH PARCEL SERVICES LIMITED NO.18/3, 2ND FLOOR, 1ST MAIN, SAMPANGIRAMA NAGAR BANGALORE - 560 027. …PETITIONER (BY SRI. A.S. GUPTA, PARTY-IN-PERSON) AND: 1. MR. VISHWANATH DWEDI S/O LATE RAMKRISHNA SHASTRI (SINCE DEAD HENCE FORMAL PARTY) 2. SMT. SHASHIREKHA W/O LATE VISHWANATH DWEDI AGED ABOUT 62 YEARS 3. DEEPAK DWIVEDI S/O LATE VISHWANATH DWIVEDI AGED ABOUT 35 YEARS Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16016 WP No. 10907 of 2024 4. 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. 5. 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 63RD 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 1. 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. 2. 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 63rd 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. 3. All contentions and grounds urged by the parties are kept open and are left to be adjudicated by the - 4 - NC: 2025:KHC:16016 WP No. 10907 of 2024 learned Sessions Court in accordance with law. This Court refrains from expressing any opinion on the merits of the case. 4. 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, - 5 - NC: 2025:KHC:16016 WP No. 10907 of 2024 proper and unquestionable investigation" and that the "court in its supervisory capacity is required to ensure the same". 5. 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