- 1 - NC: 2025:KHC-D:1383 WP No. 107157 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO.107157 OF 2024 (GM-RES) BETWEEN: SHRI. MALLAPPA S/O. MANINGAPPA HOLI AGE. 32 YEARS, OCC. LEGAL PRACTITIONER, R/O. PLOT NO.42, CTS NO.406, SHAHU NAGAR, BELAGAVI-590010. …PETITIONER (BY SRI. SHEKHARGOUDA NAGANURI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA MARKET POLICE STATION, BELAGAVI, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. SHRI. CHANAPPA S/O. BHIMAPPA MALAPPANAVAR, AGE. MAJOR, OCC. AGRICULTURE, R/O. ARALIMATTI VILLAGE-591227, TQ. MUDALAGI, DIST. BELAGAVI. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.27 16:35:19 +0530 - 2 - NC: 2025:KHC-D:1383 WP No. 107157 of 2024 3. SHRI. DANAPPA S/O. BHIMAPPA MALAPPANAVAR, AGE. MAJOR, OCC. AGRICULTURE, R/O. ARALIMATTI VILLAGE-591227, TQ. MUDALAGI, DIST. BELAGAVI. 4. SHRI. BHIMAPPA S/O. DANAPPA MALAPPANAVAR, AGE. MAJOR, OCC. AGRICULTURE, R/O. ARALIMATTI VILLAGE-591227, TQ. MUDALAGI, DIST. BELAGAVI. 5. SHRI. BASAVARAJ S/O. CHANAPPA MALAPPANAVAR, AGE. MAJOR, OCC. AGRICULTURE, R/O. ARALIMATTI VILLAGE-591227, TQ. MUDALAGI, DIST. BELAGAVI. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1) (NOTICE TO R2 TO R5 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO CHANGE THE PRESENT INVESTIGATION OFFICER; TO DIRECT SUCH OTHER INVESTIGATING OFFICER TO CONDUCT RE- INVESTIGATION AND FILE CHARGE SHEET AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:1383 WP No. 107157 of 2024 CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Sri. Ashok T.Kattimani, learned Additional Government Advocate, accepts notice for respondent No.1-State. 2. The petitioner seeks for a direction to the respondent to re-investigate the FIR stating that, initially, the FIR was lodged for the offences punishable under Sections 143, 147, 148, 341, 307, 523, 504, 506 read with Section 149 of the Indian Penal Code, 1860, and after investigation the offences under Section 143, 147, 148, 307 read with Section 149 have been dropped from the charge sheet. 3. A perusal of the wound certificate indicates that the injured witness has sustained injuries on the forearm and not on the vital part of the body. Therefore, the Investigating Officer has rightly dropped the offences under Section 143, 147, 148, 307 read with Section 149 IPC from the charge sheet. I do not find any ground to direct the respondent to re-investigate the matter. Accordingly, the petition stands disposed of. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 31