Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:44379 WP No. 32731 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 32731 OF 2025 (GM-POLICE) BETWEEN:
SMT SHILPA JADHAV W/O KAMAL P. JAIN, AGED ABOUT 44 YEARS R/AT 13/B, SAMPRAPTHI 5TH CROSS, CENTRAL EXCISE LAYOUT, DODDAKAMMANHALLI, BANGALORE-560076
…PETITIONER (BY SRI. PRAVEENKUMAR HIREMATH., ADVOCATE)
AND:
1.
STATE OF KARNATAKA HOME DEPARTMENT REPRESENTED BY THE CHIEF SECRETARY, VIDHANA SOUDA, AMBEDKAR VEEDI, BENGALURU-560001
2.
COMMISSIONER OF POLICE NO. 1, INFANTRY ROAD, BENGALURU-560001
3.
DEPUTY COMMISSIONER OF POLICE SOUTH EAST DIVISION KORMANGALA 6TH BLOCK, BENGALURU-560030,
4.
HULIMAVU POLICE STATION SHRI RAMALINGESHWARA CAVE TEMPLE ROAD, HULIMAVU, BENGALURU, KARNATAKA, 560076. …RESPONDENTS
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:44379 WP No. 32731 of 2025
(BY SMT. K.P. YASHODHA., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE ORDER, WRIT OR A DIRECTION IN THE NATURE OF MANDAMUS TO R1 AND 2 TO TRANSFER THE INVESTIGATION IN FIR BEARING CRIME NO.
0430/2024 DATED 02.09.2024 PRODUCED AT ANNEXURE -A TO AN INDEPENDENT AGENCY AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Learned AGA accepts notice for respondents.
2. The Petitioner is before this Court seeking for the following reliefs:
1. Issue Order, Writ or a Direction in the nature of Mandamus to the Respondent No.1 and 2 to transfer the investigation in FIR bearing crime no. 0430/2024 dated 02.09.2024 produced at Annexure 'A' to an independent agency.
2. In the alternative issue Order, Writ or a Direction in the nature of Mandamus to the Respondent No.1 and 2 to complete the investigation in FIR bearing crime no. 0430/2024 dated 02.09.2024 produced at Annexure 'A' through a senior Indian Police Service Officer.
3. Direct the Respondents to pay compensation to the Petitioner for the loss caused because of their delay in investigation.
4. Issue Order, Writ or a Direction in the nature of Mandamus to Respondents to submit the final investigation report in time bound manner.
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HC-KAR NC: 2025:KHC:44379 WP No. 32731 of 2025
5. Grant any other reliefs and pass such other order / orders as deemed fit in the facts and circumstances of the case, in the interests of justice.
3. The grievance of the petitioner is that subsequent to filing of FIR registered as Crime No.40/2024 on 02.09.2024, no investigation has been carried out and as such, the petitioner is before this Court seeking for transfer of the investigation.
4. Sri.B.G.Kumara Swamy, the Investigating Officer is present before this Court.
5. Learned AGA on instructions submit that investigation has been going on. There are certain suspects as regards the theft of gold articles from the house of the petitioner. Since there is no break in, but a theft has occurred, it is suspected that the said theft has been carried by persons within the house and as such, necessary requisition has also been made to the higher officers to carry out a lie detector test and if permission is granted, necessary
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HC-KAR NC: 2025:KHC:44379 WP No. 32731 of 2025
application would be made to the jurisdictional Magistrate for approval.
6. The said submissions of the learned AGA indicate that there is an investigation which is going on. The day to day progress has also been provided for this Court to take into consideration. In that view of the matter, I pass the following:
ORDER i) The Writ Petition stands disposed directing the respondents to endeavour to complete the investigation as early as possible preferably within a period of 90 days from the date of receipt of copy of this order. ii) Liberty is reserved to the petitioner to approach this Court if investigation is not completed by then.
SD/- (SURAJ GOVINDARAJ) JUDGE
PRS List No.: 1 Sl No.: 16