- 1 - HC-KAR NC: 2025:KHC:37238 WP No. 16678 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 16678 OF 2025 (GM-POLICE) BETWEEN: SMT NAGEENABANU D/O LATE MOHAMMED AREEF, AGED 48 YEARS, RESIDING AT NO.5/9, 16TH CROSS, 1ST MAIN, LAKKASANDRA, BENGALURU 560 030. …PETITIONER (BY SRI. YODH SINGH.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, VIKASA SOUDHA, BENGALURU 560 001. 2. THE ADUGODI POLICE STATION, BY ITS STATION HOUSE OFFICER, ADUGODI, BENGALURU 560 030 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37238 WP No. 16678 of 2025 3. THE MADIWALA POLICE STATION, BY ITS STATION HOUSE OFFICER, MADIWALA, BENGALURU - 560 068. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECTING TO REFER THE CASE OF THE PETITIONER IN CRIME NO. 161/2020 FOR INVESTIGATION EITHER BY WILSON GARDEN POLICE OR SOME OTHER POLICE OTHER THAN ADUGODI AND MADIWALA POLICE A COPY OF WHICH IS PRODUCED AT ANNEXURE -B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:37238 WP No. 16678 of 2025 ORAL ORDER The petitioner has filed the first information with the respondents [the jurisdictional police] alleging that she was threatened with dire consequence after she was induced to part money on a false promise of marriage. The petitioner is aggrieved by the order dated 19.10.2021 in Crime No.161/2020 on the file of the VI Additional Chief Metropolitan Magistrate Court, Bengaluru [for short, 'the learned Magistrate'] directing re-investigation through the Assistant Commissioner of Police. The petitioner's grievance is in the light of the following circumstances: [a] the third respondent has filed B-report after registering the first information in Crime No.161/2020; - 4 - HC-KAR NC: 2025:KHC:37238 WP No. 16678 of 2025 [b] upon the third respondent filing B-report, the petitioner is permitted to examine herself and mark certain exhibits. It is after this, the learned Magistrate has directed re-investigation by the Senior Officer as aforesaid. This Court must observe that the learned Magistrate will have to examine the evidence let-in and consider whether a case is made out for taking cognizance instead of directing re-investigation by the Assistant Commissioner of Police. If a case is made out for further investigation at the appropriate stage, the learned Magistrate shall consider the same in accordance with law. As such, the petition is allowed and the learned Magistrate's order dated 19.10.2021 in Crime No.161/2020 is quashed with liberty to the - 5 - HC-KAR NC: 2025:KHC:37238 WP No. 16678 of 2025 petitioner to file a certified copy of this order with the learned Magistrate and seek appropriate orders. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr