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2026 DAILYLAW 28467 (KAR)

AZEEZ M B v. THE PRINCIPAL SECRETARY

WP/21115/2026 · 2026-07-14

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:35659 WP No. 21115 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.21115 OF 2026 (GM-POLICE) BETWEEN: AZEEZ M.B., S/O BABU JAAN, AGED ABOUT 60 YEARS, R/O SHANTHINAGAR, 6TH CROSS, GONIKOPPA, MADIKERE, KODAGU DISTRICT - 571 213. …PETITIONER (BY SRI. GIRISH B BALADARE, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE - 560 001. 2. THE DIRECTOR GENERAL OF POLICE, STATE POLICE HEADQUARTERS, NO.2, NRUPATHUNGA ROAD, SAMPANGIRAM NAGAR, OPPOSITE MARTHA'S HOSPITAL, BANGALORE - 560 001. 3. THE SUPERINTEND OF POLICE, MADIKERE, KODAGU DIST - 571 201. 4. THE DEPUTY SUPERINTENDENT OF POLICE, MADIKERE, KODAGU DISTRICT - 571 201. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35659 WP No. 21115 of 2026 5. STATION HOUSE OFFICER, MADIKERE RURAL POLICE STATION, MADIKERE - 571 201. …RESPONDENTS (BY SRI.C.H.DEVARAJ, GA FOR R1 TO R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT POLICE TO CONSIDER THE REPRESENTATION DATED 28.06.2026 GIVEN BY THE PETITIONER TO SUPERINTENDENT OF POLICE AS PER ANNEXURE R BY ALLOWING THIS PETITION IN THE INTEREST OF JUSTICE AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA is directed to accept notice for respondent Nos. 1 to 5. 2. The petitioner is before this Court seeking for the following reliefs: “It is therefore, most respectfully prayed that this Hon'ble court may be pleased to: a) Issue writ, order, or direction in the nature of mandamus directing the Respondent Police to consider the representation dated 28.06.2026 given by the petitioner to Superintendent of Police as per ANNEXURE “R” by allowing this petition in the interest of justice. G - 3 - HC-KAR NC: 2026:KHC:35659 WP No. 21115 of 2026 b) Issue any other writ, order or direction, which this Hon'ble court may deem fit and proper in the circumstances of the case.” 3. The grievance of the petitioner is that a Crime No.143/2025 having been registered by the Madikeri Rural Police Station, Madikeri Sub-Division, for the offences punishable under Sections 281, 106(1) of the Bharatiya Nyaya Sanhita (BNS), 2023, investigation has been carried out improperly and a charge sheet has been laid, which is now pending in CC.No.0143/2025. 4. The submission of Sri Girish B.Baladare, learned counsel for the petitioner is that the investigation not having been conducted properly, a representation had been submitted by the petitioner on 28.06.2026 at Annexure-R, calling upon the Investigating Officer to re-investigate or carry out further investigation in terms of the issues, which have been pointed out by the petitioner. - 4 - HC-KAR NC: 2026:KHC:35659 WP No. 21115 of 2026 5. Once a charge sheet has been laid, this Court cannot direct the concerned Officers to carry out further investigation as sought for by the petitioner. It would be for the petitioner to approach the Court seized of CC.No.183/2026 making appropriate request. If such a request is made, the Court would have to consider the same and pass necessary orders in accordance with law. 6. With the above observation, writ petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE PB List No.: 1 Sl No.: 24