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2025 DAILYLAW 85007 (KAR)

MR. PRASHANT S/O DHANAPAL SHEDBALKAR v. THE STATE OF KARNATAKA

WP/108075/2025 · 2025-12-03

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:17204 WP No. 108075 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108075 OF 2025 (GM-RES) BETWEEN: MR. PRASHANT S/O. DHANAPAL SHEDBALKAR, AGED ABOUT 35 YEARS, R/O. SAMAGAR ONI, SHEBAL VILLAGE, KAGWAD TALUK, BELAGAVI DISTRICT. …PETITIONER (BY SRI. GANGADHAR & SMT. SHOBHA V., ADVOCATES) AND: 1. THE STATE OF KARNATAKA, R/BY ITS CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE 560001. 2. THE DIRECTOR GENERAL OF POLICE, NRUPATUNGA ROAD, BENGALORE 560 001. 3. THE SUPERINTENDENT OF POLICE, POLICE COMMISSIONER OFFICE ROAD, KALLEHOLA CAMPUS, BELAGAVI, KARNATAKA 590001. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17204 WP No. 108075 of 2025 4. THE DEPUTY SUPERINTENDENT OF POLICE, VGC 8 M R2, SUBHASHNAGARA, BELAGAVI DISTRICT – 590 016. 5. THE POLICE INSPECTOR, THE PRIL., DISTRICT C.E.N., CRIME POLICE STATION, BELAGAVI DISTRICT 590 001. 6. THE MANAGER, THE FEDERAL BANK LTD., ALUVA/BANK JUNCTION, METRO HIGHTS, BYE PASS JUNCTION, ALUVA, ERNAKULAM, KERALA 683 101. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO GIVE DIRECTION IN THE NATURE OF WRIT OF MANDAMUS OR ANY OTHER DIRECTION DIRECTING THE RESPONDENT NO.5 AND 6 TO COMPLY THE ORDER DATED 24.12.2024 AS PER ORDER PRODUCED AT ANNEXURE-A AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17204 WP No. 108075 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer. A. Give direction in the nature of writ of mandamus or any other direction directing the respondent no.5 and 6 to comply the order dated 24.12.2024 as per order produced at Annexure-A. B. and grant such other relief/s as this Hon’ble Court deems fit to grant, in the interest of justice and equity. 2. The petitioner is aggrieved by the inaction of the Federal Bank in not complying with the order passed by the concerned Court which had directed release of the amount that the petitioner – complainant has allegedly lost to the accused. The crime is registered and the investigation is on. In the interregnum, the petitioner secures the amount from three different banks, but the Federal Bank has not passed any order. Therefore, it is for the concerned Court to pass necessary orders in accordance with law against the Federal Bank. A writ for the said relief would not be entertainable unless the Investigating Officer has not directed its release or any action is directed against the State. - 4 - HC-KAR NC: 2025:KHC-D:17204 WP No. 108075 of 2025 3. Reserving liberty to the petitioner to avail of such remedy as available in law, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE RSH/CT-ASC List No.: 1 Sl No.: 55