- 1 - HC-KAR NC: 2025:KHC:28810 WP No. 18109 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 18109 OF 2016 (GM-RES) BETWEEN: R. MEENAKSHAMMA AGED ABOUT 37 YEARS, D/O LATE SRI RAMAPPA, 4, ANJANAPPA LAYOUT, DURALLAI MAIN ROAD, UTRA HALLI, BANGALORE - 560 061. …PETITIONER (BY SMT. R. MEENAKSHAMMA, PETITIONER (FORM C ISSUED ON 26.04.2025)) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE-560001. 2. SRI. THIPPE SWAMI S/O LATE RURAPPA, AGED ABOUT 40 YEARS, PDO OF PARASHURAMPURA VILLAGE, PARASHURAMPURA VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT - 577 538. 3. SRI. THIPPE SWAMI AGED MAJOR, VILLAGE ACCOUNT OF PARUSHARAMPURA CHALLAKERE TALUK, CHITRADURGA DISTRICT - 577 538. Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28810 WP No. 18109 of 2016 4. SUB INSPECTOR THIMANNA AGED MAJOR, PRASHURAMAPURA POLICE STATION, CHALLAKERE TALUK, CHITRADURGA DISTRICT - 577 538. 5. L. THIMMNNA AGED MAJOR, HEAD CONSTABLE NO.233, PARASHURAMPURA POLICE STATION, CHALLAKERE TALUK, CHITRADURGA DISTRICT - 577 538. 6. THASILDHAR SRI VIJAY RAJU AGED MAJOR, CHALLAKERE TALUK, CHITRADURGA DISTRICT - 577 538 7. P.T. PRASANNA, BABU SURVEY DEPARTMENT CHALLAKERE TALUK, CHITRADURGA DISTRICT - 577 538. 8. KADAPPA S/O LATE SIDDAPPA, VILLAGE PANCHANTHI MEMBER PRASHURAMAPURA, CHALLAKERE TALUK, CHITRADURGA DISTRICT - 577 538. 9. PRAKASH S/O KADAPPA, PRASHURAMAPURA CHALLAKERE TALUK, CHITRADURGA DISTRICT - 577 538. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 AND 4; SRI. G. NATARAJ, ADVOCATE FOR RESPONDENT NOS.2, 8 AND 9; SRI. NEELAKANTAIAH, ADVOCATE FOR RESPONDENT NO.6 VIDE ORDER DATED 08.04.2019, NOTICE TO RESPONDENT NO.3 IS HELD SUFFICIENT; - 3 - HC-KAR NC: 2025:KHC:28810 WP No. 18109 of 2016 NOTICE SERVED ON RESPONDENT NOS.5 AND 7) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT ANY INDEPENDENT AGENCY OR AUTHORITY FOR THE FRESH INVESTIGATION IN RESPECT OF THE CR. NO.0107/2013 DATED 02.10.2013 BEFORE THE PARUSHARAMPURA POLICE STATION, CHITRADURGA DISTRICT AS ANNEXURE-D. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of mandamus to direct a fresh investigation to be conducted in respect of Cr.No.0107/2013 registered at Parasurampura Police Station, Challakere Taluk, Chitradurga district through any independent agency or authority. 2. (i) The petitioner claimed that she and her parents are the owners of the land bearing Sy.No.283/3 and 283/4 of Parasurampura village, Challakere Taluk, Chitrdurga District measuring 02 acres 04 guntas which was purchased by her father in the year 1975. She claimed that her family had allowed the villagers to pass by the side of their land to enter the village. The petitioner claimed that she moved to Bengaluru on work and she used to visit her land frequently. During the - 4 - HC-KAR NC: 2025:KHC:28810 WP No. 18109 of 2016 absence of the petitioner from the village, the officers of the panchayat and panchayat development officer had unlawfully entered the property, trespassed and demolished the house constructed thereon. (ii) The petitioner contends that she lodged a complaint before the police on 02.10.2013 and after great efforts, the police conducted an investigation. She claimed that whenever she approached the police to know regarding the status of investigation, the police used to dodge her. She claimed that whenever she approached the police, they demanded a sum of Rs.50,000/- to post the case before the Court and when she refused, the police abused her and chased her out of the police station. She claimed that the police have accepted the money from the rival party and have furnished false documents to the Court. She alleged that the public prosecutor also was ignorant about the facts of the case and even when she informed him about drawing of false mahazars in respect of the land but the same was not taken note of. She claimed that the copy of the charge sheet was not furnished to her by the police or public prosecutor. She alleged that the charge sheet was totally fabricated in order to favour the respondents by suppressing - 5 - HC-KAR NC: 2025:KHC:28810 WP No. 18109 of 2016 true facts. She alleged that she lodged a complaint against the Sub-Inspector of Police, Challakere before the Lokayuktha for dereliction of duty. She also approached Thasildar to conduct a spot survey on 07.02.2014 in respect of a house and a toilet constructed over the property mentioned above. (iii) She alleged that a Village Accountant had obtained a statement dated 10.03.2014 from her mother who was illiterate and submitted the same to his higher authorities which contained false facts regarding the agricultural land of the petitioner, her marital status and the pension drawn by her mother. She alleged that the Sub-Inspector of Police had threatened her that he would falsely implicate the petitioner in ganja case, murder case and illegal connection with naxalite case etc., She therefore, lodged a complaint against the Sub- Inspector of Police before the Inspector of Police, Challakere Taluk and Superintendent of Police, Chitradurga. Despite these complaints, she alleged that the police have continued to harass her and therefore, she was constrained to lodge a complaint before the Deputy General of Police and Inspector General of Police, Bengaluru on 30.12.2015, as no action was taken, the petitioner is therefore, before this Court seeking for - 6 - HC-KAR NC: 2025:KHC:28810 WP No. 18109 of 2016 a direction to get Cr.No.107/2013 investigated through an independent agency afresh. 3. The petitioner who is appearing in person reiterated the above contentions and submitted that the respondents have ganged up and have filed a false report to the Court. She therefore, prays that the case filed by her may be investigated by an independent agency. 4. The learned counsel for the private respondents submits that the charge sheet in the case is already filed and the trial is underway. He submits that the petitioner had unsuccessfully filed Crl. P.No.592/2015 before this Court to transfer C.C.No.87/2013 from the file of the Senior Civil Judge and JMFC, Challakkere, Chitradurga to the Chief Judicial Magistrate, Bengaluru and that the said petition was not entertained. He submits that the petitioner without disclosing the fact of filing of Crl. P.No.592/2015 has filed this petition. He submits that since the charge sheet is already filed, remedy if any to the petitioner is to approach the concerned Court and she cannot seek for a fresh investigation through an independent agency by filing a writ petition before this Court. - 7 - HC-KAR NC: 2025:KHC:28810 WP No. 18109 of 2016 5. I have heard the learned counsel for the petitioner as well as the learned Additional Government Advocate for respondent Nos.1 and 4 and learned counsel for respondent Nos.2, 8 and 9 and Sri. Neelakantaiah, learned counsel for respondent No.6. 6. The first information furnished by the petitioner to the local police in Cr.No.0107/2013 is investigated and the charge sheet is already filed before the concerned Court. The petitioner who was the complainant was examined in-part on 02.04.2014. Thereafter, there is no further proceedings before the learned Magistrate. In the meanwhile, Crl. P. No.592/2015 was dismissed by this Court in terms of the order dated 17.12.2015. Therefore, if the petitioner is interested to seek a further investigation, through another agency or if she is aggrieved in not arraigning the proper accused, she has to workout her remedy before the Magistrate, Challakere Taluk, Chitradurga District by adducing proper and sufficient evidence to establish the need for arraigning the other accused in the case and she cannot compel a fresh investigation to be done in the case. Therefore, without expressing any opinion on the - 8 - HC-KAR NC: 2025:KHC:28810 WP No. 18109 of 2016 contentions urged by the petitioner in this writ petition, this writ petition deserves to be disposed off directing the petitioner to approach the Magistrate, Challakere Taluk, Chitradurga district and urge all contentions there. 7. Hence, writ petition is disposed off. The reliefs sought for in this writ petition cannot be granted at this stage. It is however, open for the petitioner to approach the learned Magistrate, Challakere, Chitradurga and adduce evidence requesting the Magistrate, Challakere Taluk, Chitradurga district to arraign the proper accused in the case. If the petitioner adduces sufficient evidence, the Magistrate, Challakere Taluk, Chitradurga district may take appropriate decision in the matter. 8. In view of disposal of main petition, pending interlocutory applications, if any, do not survive for consideration and the same stand rejected. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 24