JAGDISHNATH S/O BASAPPA AWATI v. THE STATE OF KARNATAKA
WP/100892/2025 · 2025-09-08
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 59207 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 59207 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:11483 WP No. 100892 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8THDAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100892 OF 2025 (GM-POLICE) BETWEEN:
JAGDISHNATH S/O. BASAPPA AWATI, AGE. 57 YEARS, OCC. NIL, R/O. POST SAVADI, TQ. ATHANI, DIST. BELAGAVI-590001. …PETITIONER (BY SRI. VYVAS DESAI AND SRI. JAGADISH PATIL, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, M S BUILDING,BENGALURU 560001
2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE NO.1,NRUPATUNGA ROAD, BENGALURU 560001
3. THE SUPERINTENDENT OF POLICE BELAGAVI DISTRICT, TQ. AND DIST. BELAGAVI 590001
4. THE CIRCLE POLICE INSPECTOR ATHANI PS,TQ. ATHANI DIST. BELAGAVI-590001. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO
Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:11483 WP No. 100892 of 2025
CONSIDER THE REPRESENTATION DATED. 26/11/2024 MADE BY THE PETITIONER TO RESPONDENTS VIDE ANNEXURE-D AND CONDUCT FURTHER INVESTIGATION/REINVESTIGATE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner isan accused in Crime No.402/2022 registered by the Athani Police Station is before this Court seeking for the following reliefs: i. Issue a writ in nature of mandamus directing the respondents to consider the representation dated 26.11.2024 made by the petitioner to respondents vide Annexure-D and conduct further investigation/reinvestigate in the interest of justice and equity. ii. Pass such other and further orders as this Hon’ble Court deems fit to pass in the interests of justice and equity. 2. The submission of the petitioner is that the investigation has not been carried out properly. There being a dispute between him and his brother, there is no question of the petitioner having voluntarily handed over his vehicle to his brother, namely Anil S/o. BasappaAvatti and it is in that background, he submits
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HC-KAR NC: 2025:KHC-D:11483 WP No. 100892 of 2025
that there should be a further investigation or reinvestigation directed tobe done by the respondents. 3.
Admittedly, the petitioner is an accused in the said proceedings. As regards whether the investigation has been done properly or not, it would be for the prosecution to establish the same and for the accused to raise issues in relation thereto, which could be considered by the trial Court and if necessary, further investigation could be directed to be conducted. 4. The petitioner-accused cannot seek for further investigation or reinvestigation on the grounds that the investigation has not been conducted properly. No grounds being made out, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 63