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2025 DAILYLAW 62788 (KAR)

SHRI JYOTIBHA S/O PISHAPPA SHIGOLKAR v. UNION OF INDIA

WP/106605/2025 · 2025-09-18

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12406 WP No. 106605 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106605 OF 2025 (GM-POLICE) BETWEEN: SHRI JYOTIBHA S/O PISHAPPA SHIGOLKAR AGE 32 YEARS, OCC. AGRICULTRUE/PRIVATE WORK, R/O. KALAGINAKOPPA, TQ. HALIYAL, DIST. UTTARKANNADA. …PETITIONER (BY SRI. SHIDDALINGANAGOUD DODDAGOUDAR AND A.C. CHAKALABBI, ADVOCATES) AND: 1. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTER OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI- 110001. 2. STATE OF KARNATAKA HOME DEPARTMENT, BY ADDITIONAL CHIEF SECRETARY, ROOM NO.222, II FLOOR, VIDHANA SOUDHA, BENGALURU- 560001. 3. THE DIRECTOR CENTRAL BUREAU OF INVESTIGATION, PLOT NO.5-B, CGO COMPLEX, LODHI ROAD, NEW DELHI- 110003. 4. SUPERINTENDENT OF POLICE Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12406 WP No. 106605 of 2025 CENTRAL BURERU OF INVESTIGATION, NO.36, BELLARY ROAD, GANGANAGAR, BENGALURU- 560032. 5. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, III FLOOR, DR. AMBEDKAR VEEDHI BENGALURU- 560001. 6. THE INSPECTOR GENERAL OF MANGALUR, MANGALUR-575001. 7. THE SUPERINTENDENT OF POLICE UTTARKANNADA UTTARKANNADA-581301. 8. THE DEPUTY SUPERINTENDENT OF POLICE, DANDELI, DANDELI- 590001. 9. THE POLICE SUB INSPECTOR (CPI) HALIYAL-581329.. 10. THE POLICE INSPECTOR (CPI) HALIYAL-581329. …RESPONDENTS (BY SRI. M.B. KANAVI, CGSE FOR R1; SRI. N.D. GUNDE, ADVOCATE FOR R2 TO R4; SRI. SHARAD V. MAGADUM, AGA FOR R5 TO R10) THIS WP IS FILED UNDER ARICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO REGISTRAR THE FIR AS PER COMPLAINT DATED 05/06/2025 AND FURTHER THE RESPONDENT NO.3 AND 4 MAY KINDLY BE DIRECTED TO INVESTIGATE MATTER INTO THE ALLEGED ACTS VIDE ANNEXURE-A.B. TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS 6 TO 10 TO TRANSFER OF INVESTIGATION IN HALIYAL PS CRIME NO.127/2025 TO THE HANDS OF AN INDEPENDENT AGENCY, LIKE THAT OF THE CENTRAL BUREAU OF INVESTIGATION (CBI FOR SHORT) TO INVESTIGATE INTO THE ALLEGED ACTS VIDE ANNEXURE-J AND J1.C. THE HON BLE COURT MAY ALSO BE - 3 - HC-KAR NC: 2025:KHC-D:12406 WP No. 106605 of 2025 PLEASED TO PASS ANY OTHER WRIT, ORDER, DIRECTION ETC IN THE ABOVE CASE TO SERVE THE ENDS OF JUSTICE. 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 is before this Court seeking for the following reliefs: a. To issue a writ in the nature of mandamus directing the respondents to registrar the FIR as per complaint dated 05/06/2025 and further the respondent no.3 and 4 may kindly be directed to investigate matter into the alleged acts vide Annexure-A. b. To issue a writ in the nature of mandamus directing the respondents 6 to 10 to transfer of investigation in haliyal ps crime no.127/2025 to the hands of an independent agency, like that of the Central Bureau of Investigation (CBI for short) to investigate into the alleged acts vide Annexure-J and J1. c. The Hon’ble Court may also be pleased to pass any other writ, order, direction etc in the above case to serve the ends of justice. 2. A memo singed by the petitioner and learned counsel for the petitioner, has been filed, which reads as under: - 4 - HC-KAR NC: 2025:KHC-D:12406 WP No. 106605 of 2025 “Herein the Advocate for the petitioner begs to submit this memo for withdrawal is as under. That the petitioner has filed the above petition being aggrieved by the inaction of the respondent no.6 to 10 in not Registering the FIR and not investigating matter properly on the basis of the complaint filed by the petitioner dated 05/06/2025. And the same is mailed to the respondent No. 6 to 8 till this day, hence sought for the registrar the FIR and handed over the investigation to CBI. After filling of the above petition respondent No.9 and 10 have registered the FIR on the basis of the petitioner bearing Haliyal PS Crime No.244/2025, on 14/09/2025 and so also they assured that they will conduct investigation properly in accordance with law therefore, therefore the petitioner herein is not intended to proceed with above petition, hence petitioner is filed this memo. Therefore the Hon'ble court be please to permit the petitioner to withdraw the above petition, as not pressed in the above case to meet the ends of justice.” 3. Accepting the said memo and submission of the counsel for the petitioner, petition is dismissed as withdrawn. - 5 - HC-KAR NC: 2025:KHC-D:12406 WP No. 106605 of 2025 4. In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE Vb Ct:pa List No.: 1 Sl No.: 112