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2025 DAILYLAW 51551 (KAR)

SMT AKSHATHA B R v. THE SECRETARY

WP/14311/2025 · 2025-09-09

Sachin Shankar Magadum

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:35585 WP No. 14311 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 14311 OF 2025 (GM-RES) BETWEEN: SMT. AKSHATHA B R W/O. SURESH.C, AGED ABOUT 35 YEARS, R/AT NO.64/1, INDIRANAGARA, GANGONDANAHALLI MAIN ROAD, NAGASANDRA POST, BANGALORE NORTH TALUK, BANGALORE-560073. &PETITIONER (BY SRI. MANJUNATHA N M., ADVOCATE) AND: 1. THE SECRETARY DEPARTMENT OF HOME AFFAIRS, VIDHAN SOUDHA, BENGALURU-560001. 2. THE DIRECTOR GENERAL OF POLICE, STATE OF KARNATAKA, NRUPUTUNGA ROAD, BANGALORE-560001. 3. THE COMMISSIONER OF POLICE, BANGALORE CITY, CUNNINGHAM ROAD, BANGALORE. 4. THE DEPUTY COMMISSIONER OF POLICE, WEST DIVISION, Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35585 WP No. 14311 of 2025 MAGADI ROAD, BANGALORE-560023. &RESPONDENTS (BY SRI. M.R.PATIL, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER AT ANNEXURE-E, F, G AND H DATED 15.03.2025 AND H DATED 01.04.2025 RESPECTIVELY FOR REFERRING THE MATTER FOR INVESTIGATION TO ANOTHER ANY INVESTIGATION OFFICER, BANGALORE AND ALSO ISSUED DIRECTION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition has been filed by the complainant seeking a direction from this Court to the respondents to consider the petitioner9s representation and to refer the matter for further investigation. 2. Learned HCGP, referring to sub-clause (8) of Section 173 of the Code of Criminal Procedure, submits that since the Investigating Officer, while filing the final charge sheet, has indicated that a supplementary charge sheet may be filed during the course of the trial, the - 3 - HC-KAR NC: 2025:KHC:35585 WP No. 14311 of 2025 petitioner/complainant is at liberty to invoke the provisions of sub-clause (8) of Section 173 before the learned Magistrate before whom the proceedings are pending. The petitioner may, if able, make out a case for further investigation in accordance with law. 3. In view of the above, while expressly reserving the petitioner9s right to seek further investigation under Section 173(8) Cr.P.C., the petition is disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 92