- 1 - HC-KAR NC: 2025:KHC-D:16102 WP No. 108211 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108211 OF 2025 (GM-POLICE) BETWEEN: POORNIMA W/O. LATE JAYATIRTHA PADAKI, AGE:44 YEARS, OCC: CATERING, R/O: H.NO. 160, CITY PARK, NEAR PETROL PUMP, GAMANAGATTI ROAD, NAVANAGAR - 580 025. &PETITIONER (BY SRI. SAIYAD D. MULLA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS, M.S.BUILDING, BENGALURU 3 560 001. 2. THE COMMISSIONER OF POLICE HUBBALLI-DHARWAD CITY, POLICE COMMISSIONER OFFICE, P B ROAD, NAVANGAR, HUBBALLI 3 580 025. 3. THE ASSISTANT COMMISSIONER OF POLICE HUBBALLI-DHARWAD POLICE COMMISSIONER OFFICE, P.B.ROAD, NAVANAGAR, HUBBALLI 3 580 025. 4. THE CPI APMC NAVANAGAR POLICE STATION, NAVANAGAR, HUBBALLI 3 580 025. 5. THE POLICE SUB INSPECTOR, APMC NAVANAGAR POLICE STATION, NAVANAGAR, HUBBALLI 3 580 025. &RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO APPOINT SOME OTHER INDEPENDENT AND NEUTRAL INVESTIGATING AGENCY TO INVESTIGATE THE APMC NAVANAGAR POLICE STATION Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16102 WP No. 108211 of 2025 CRIME NO.60/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115, 127, 64, 3(5), 352, 351(3), 74 OF BHARATIYA NYAYA SANHITA, 2023 DATED 11/06/2025 PENDING ON THE FILE OF LEARNED III ADDL. SENIOR CIVIL JUDGE AND J.M.F.C. COURT HUBBALLI APART FROM THAT OF THE POLICE DEPARTMENT, IN THE INTEREST OF JUSTICE AND EQUITY VIDE ANNEXURE 3 A AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A. Issue a Writ in the nature of mandamus directing the Respondent No.1 to appoint some other Independent and neutral Investigating agency to Investigate the APMC Navanagar Police Station Crime No.60/2025 for the offences punishable Under Sections 115, 127, 64, 3(5), 352, 351(3), 74 of Bharatiya Nyaya Sanhita, 2023 dated 11/06/2025 pending on the file of learned III Addl. Senior Civil Judge and J.M.F.C. Court Hubballi apart from that of the Police Department, in the interest of justice and equity vide Annexure 3 A. B. Issue such other suitable order/s or directions as this Hon9ble Court deems fit and proper in the nature and circumstances of the case in the interest of justice and equity. 2. The prayer of the petitioner is to change the Investigating Officer on this score that the Investigating Officer has not proceeded further in the investigation in Crime No.60 of 2025 registered for the offences punishable under Sections 115, - 3 - HC-KAR NC: 2025:KHC-D:16102 WP No. 108211 of 2025 127, 64, 3(5), 352, 351(3) and 74 of Bharatiya Nyaya Sanhita, 2023. 3. The learned AGA takes this Court through an endorsement dated 07.09.2025 which observes that the crime in Crime No.60 of 2025 is challenged by one of the accused in Criminal Petition No.103180 of 2025 and there has been interim order of stay granted on 14.08.2025. 4. The learned counsel for the petitioner submits that the stay is granted only against one accused but the Investigating Officer is not proceeding against the other accused. 5. In the light of the aforesaid fact, it is open for the petitioner to seek a clarification at the hands of the appropriate bench where Criminal Petition No.103180 of 2025 is pending, if he so desires. 6. Reserving such liberty, petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE Kmv CT-ASC