- 1 - HC-KAR NC: 2025:KHC-K:7517 WP No. 203842 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.203842 OF 2025 (GM-RES) BETWEEN: DR. TAHERA AMINA KHATOON, AGE: 62 YEARS, OCC: SENIOR AYUSH MEDICAL OFFICER (RETIRED), R/O H.NO.18-4-95/21, CHIDRI ROAD, HAQ COLONY, GANDHI NAGAR, BIDAR-585403. …PETITIONER (BY SRI RAJESH G. DODDAMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH GANDHI GUNJ POLICE STATION, BIDAR, NOW REPRESENTED BY ADDL. S.P.P., HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585103. 2. KALYANRAO S/O KASHINATH GUNNALLIKAR, AGE: 40 YEARS, OCC: SOCIAL WORKER, R/O GUNALLI VILLAGE, TQ. AND DIST. BIDAR-585403. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; NOTICE TO R2 IS DISPENSED WITH) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:7517 WP No. 203842 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 529 OF BNSS, 2023, PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE PRINCIPAL CIVIL JUDGE AND JMFC-II, BIDAR TO PASS APPROPRIATE ORDERS ON “B” FINAL REPORT VIDE ANNEXURE-C FILED IN CRIME NO.6/2023. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed seeking mandamus against the Principal Civil Judge and JMFC-II, Bidar to pass appropriate orders on the ‘B’ final report vide Annexure – C submitted in Crime No.6/2023. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader appearing for respondent No.1/State. 3. Facts leading to the case are as under: On the basis of the complaint filed by respondent No.1, which culminated in registration of a case in Crime No.6/2023, the Investigating Officer, after thorough - 3 - HC-KAR NC: 2025:KHC-K:7517 WP No. 203842 of 2025 investigation, has submitted ‘B’ final report. After recording the statement, ‘B’ report is submitted on 13.06.2023. The magistrate on receipt of ‘B’ report, has issued notice to the complainant on 17.08.2023. The complainant has appeared before the Court on 13.10.203. Once ‘B’ report is filed, the Magistrate has to take the matter to a logical conclusion. In the event, the protest memo is filed, the Magistrate is bound to follow the procedure as indicated in a reported judgment rendered by the Co-ordinate Bench of this Court in the case of Dr. Ravikumar vs. Mrs. K.M.C. Vasantha and Another [ILR KAR 1725]. Despite the receipt of ‘B’ summary report way back in 2023 and in the absence of protest memo, the orders on ‘B’ final report are deferred indefinitely thereby seriously prejudicing petitioner’s right. It amounts to abuse of process. Therefore, this is a fit case where a mandamus needs to be issued to the learned Magistrate to pass appropriate orders on ‘B’ final report since protest memo is not filed. - 4 - HC-KAR NC: 2025:KHC-K:7517 WP No. 203842 of 2025 4. For the foregoing reasons, this Court proceeds to pass the following: ORDER (i) The Writ Petition is allowed. (ii) The Principal Civil Judge and JMFC-II, Bidar is hereby directed to pass appropriate orders on the ‘B’ final report strictly in accordance with law. (iii) This exercise shall be accomplished within a period of three months from the date of receipt of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE RSP List No.: 2 Sl No.: 11 CT:SI