Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 24180 (KAR)

CHUNA BURHAN AHMED v. THE STATE OF KARNATAKA

WA/120/2026 · 2026-06-24

K S Hemalekha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:31466-DB WA No. 120 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO.120 OF 2026 (GM-POLICE) BETWEEN: CHUNA BURHAN AHMED S/O CHUNA RAFI AHMED, AGED ABOUT 33 YEARS, RESIDING AT CORPORATION NO.40, K.G. HALLI, NAGWARA MAIN ROAD, BENGALURU - 560045. …APPELLANT (BY SRI. SACHIN B.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560001. 2. THE COMMISSIONER OF POLICE BENGALURU CITY, INFANTRY ROAD, BENGALURU - 560001. 3. THE DEPUTY COMMISSIONER OF POLICE EAST DIVISION, SHIVAJINAGAR, BENGALURU - 560051. Digitally signed by MAHALAKSHMI B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:31466-DB WA No. 120 of 2026 4. THE ASSISTANT COMMISSIONER OF POLICE, K.G. HALLI, NAGWARA, BENGALURU - 560045. STATION HOUSE OFFICER, K.G. HALLI POLICE STATION, BENGALURU CITY. 5. THE STATION HOUSE OFFICER K.G. HALLI POLICE STATION, K.G. HALLI, BENGALURU - 560045. …RESPONDENTS (BY SMT. NAMITHA MAHESH B.G., ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE PRESENT WRIT APPEAL AND SET ASIDE THE ORDER DATED 03.12.2025 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.28846/2025 AND CONSEQUENTLY ALLOW THE SAID WRIT PETITION AS PRAYED FOR. THIS APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal impugning the order dated 03.12.2025 passed by the learned Single Judge in three matters [W.P. No.28846/2025 (GM-Police) clubbed with Crl.P. No.13885/2025 and W.P. No.33092/2025 (GM-RES)]. The present appeal arises from W.P. No.28846/2025. - 3 - HC-KAR NC: 2026:KHC:31466-DB WA No. 120 of 2026 2. The appellant had filed the said petition, inter alia, seeking a direction to the respondent authorities to constitute a Special Investigation Team [SIT] headed by a Senior Officer of the Police Department for investigation of FIR in Crime No.323/2025 registered at K.G. Halli Police Station. 3. The appellant claims that the jurisdictional police authorities failed to take immediate action and deliberately delayed the registration of the FIR. The appellant also alleges that he had made several complaints; however, no action had been taken thereon by the jurisdictional police authorities. 4. The FIR in Crime No.323/2025 relates to the appellant's complaint of an alleged incident that occurred on 12.09.2025. The appellant states that, at about 02.20 p.m., he visited Quwath-ul- Islam Girls High School, K.G. Halli, to serve an injunction order. He alleges that he was threatened and assaulted within the premises. He states that Mohammed Azharuddin, N. Saleem Ahmed, Gani Mohammed Anwar and others, against whom the injunction order was passed, were present at the spot. He further alleges that police - 4 - HC-KAR NC: 2026:KHC:31466-DB WA No. 120 of 2026 officials were also present at the spot and instead of maintaining law and order, sided with the accused. 5. It is alleged that in the presence of police officials, the accused hurled abuses, issued threats and physically assaulted the appellant. He has also enclosed photographs of the said incident. He also claims that, while he was leaving the school premises, the accused threatened to have him liquidated [Tu bahar aa, tujhe khatam kar dalte hain]. He also stated that, while he was riding his motorcycle, he was attacked by armed assailants, who attempted to stab him with deadly weapons. 6. The respondent has filed an affidavit disclosing the action taken regarding various complaints. In respect of some of the complaints, it is stated that no records have been found. Insofar as Crime No.323/2025 is concerned, it is stated that the appellant was called upon to appear in the police station but had failed to cooperate with the investigation. Notwithstanding the same, the police authorities have filed a charge sheet based on the material evidence collected during the course of investigation. - 5 - HC-KAR NC: 2026:KHC:31466-DB WA No. 120 of 2026 7. The learned Single Judge observed that there was no necessity to constitute a SIT, as prayed for in the petition. 8. We note that the charge sheet has already been filed in this case. In view of the completion of the investigation and the filing of the charge sheet, we concur with the view of the learned Single Judge that there is no requirement for constituting a SIT. 9. However, we clarify that the appellant is at liberty to approach the police authorities with any further material if so advised. Needless to state that the police authority shall consider the same and, if warranted, take appropriate steps in accordance with the law. 10. The appeal is disposed of with the aforesaid observations. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE MBM List No.: 2 Sl No.: 27