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2025 DAILYLAW 87143 (KAR)

SRI ASHWIN MAHENDRA v. THE CHIEF SECRETARY

WP/21564/2022 · 2025-11-17

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47125 WP No. 21564 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.21564 OF 2022 (GM-POLICE) BETWEEN: 1. SRI. ASHWIN MAHENDRA S/O SRI B. MAHENDRA, AGED ABOUT 33 YEARS, DIRECTOR AND CHAIRMAN OF M/S EAGLE MEDIA PRIVATE LIMITED, AGED ABOUT 33 YEARS, R/OF NO.301/10, 36TH CROSS, 7TH 'C' MAIN ROAD, JAYANAGAR 4TH BLOCK, BENGALURU-560011. …PETITIONER (BY SRI. P. USMAN, ADVOCATE) AND: 1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560001. 2. THE SECRETARY TO GOVERNMENT DEPARTMENT OF HOME AFFAIRS, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560001. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47125 WP No. 21564 of 2022 3. SUPERINTENDENT OF POLICE CENTRAL BUREAU OF INVESTIGATE, NO.36, CBI ROAD, NEAR CBI BUS STOP, GANGANAGAR LAYOUT, BENGALURU-560032. 4. SRI. GANGADHARAPPA MUNINDRA KUMAR @ KUMAR G M, S/O GANGADARAPPA MUNINDARA, AGED 48 YEARS, EX DIRECTOR OF M/S EAGLE SIGHT TELEMEDIA PRIVATE LIMITED, NO.68, I STAGE, 5TH PHASE, MAHAGANAPATHI NAGAR, 4TH MAIN ROAD, WEST OF CHORD ROAD, SHIVANAGAR, BENGALURU-560079. 5. THE STATION HOUSE OFFICER HIGH GROUNDS POLICE STATION, MILLERS ROAD, VASANTHA NAGAR, BENGALURU-560001. 6. UNION BANK OF INDIA MADIWALA SURVEY OF INDIA COMPLEX, 2ND BLOCK, SARJAPUR-MARATHAHALLI ROAD, 2ND BLOCK, KORAMANGALA, BENGALURU-560065. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1, R2 & R5; SRI. P. PRASANNA KUMAR, ADVOCATE FOR R3; SRI. S. BALAKRISHNAN, ADVOCATE FOR R4; SRI. SATHYANARAYANA, ADVOCATE FOR R6) - 3 - HC-KAR NC: 2025:KHC:47125 WP No. 21564 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THAT THE CASE REGISTERED AS CRIME NO.0008/2020 ANNEXURE-Y BY THE FILE OF RESPONDENT NO.5 POLICE FOR THE OFFENCES U/S 406, 419, 420, 468, 471, 504, 506 AND 120 B OF THE IPC BE INVESTIGATED BY RESPONDENT NO.3 CENTRAL BUREAU OF INVESTIGATION, IN CONSIDERATION OF REPRESENTATION DATED 10.10.2022 FILED BY THE PETITIONER A COPY OF WHICH IS PRODUCED AT ANNEXURE- AC, AND FURTHER DIRECT THE RESPONDENTS NO.1 AND 2 TO ISSUE APPROPRIATE ADMINISTRATIVE ORDERS ENTRUSTING THE RESPONDENT NO.3 (CBI) TO INVESTIGATE THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. In this writ petition, petitioner has sought for a direction that the Crime No.0008/2020 on the file of respondent No.5 be investigated by respondent No.3 herein, by considering the representation dated 10.10.2022 as per Annexure-AC. 3. Perusal of the record would indicate that the respondents were restrained from filing final report in the aforesaid crime No.0008/2020, by this Court, vide order dated 02.11.2022. - 4 - HC-KAR NC: 2025:KHC:47125 WP No. 21564 of 2022 However, the said order was modified subsequently on 21.11.2024 by recording the submission made by the learned Senior Counsel that, if the investigation is completed final report be filed before the competent authority and the petitioner has no objection for the same. 4. It is submitted by the learned Additional Government Advocate that final report is filed in the aforementioned criminal case and C.C.No.42662/2024 is registered before the III ACJM, Bengaluru. 5. In that view of the matter, since the matter is pending consideration before the competent Court, therefore, at this stage referring the investigation to be conducted by respondent No.3 does not arise. However, it is open for the petitioner to continue the proceedings before the competent Criminal Court and agitate the claim made therein. 6. Accordingly, the writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 58