Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 7657 (KAR)

SYED KHADAR v. INSPECTOR OF POLICE

WP/719/2026 · 2026-03-13

Sachin Shankar Magadum

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:15359 WP No. 719 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 719 OF 2026 (GM-POLICE) BETWEEN: 1. SYED KHADAR S/O SYED KHASIM AGED ABOUT 51 YEARS R/AT NO.187, 4TH MAIN ROAD RAMACHANDRAPURAM, BENGALURU-560021. …PETITIONER (BY SRI. MANOJ KUMAR .V, ADVOCATE) AND: 1. INSPECTOR OF POLICE CHANDRALAYOUT POLICE STATION BENGALURU, KARNATAKA-560040. (REPRESENTED BY H.C.G.P) 2. SUB INSPECTOR OF POLICE CHANDRALAYOUT POLICE STATION BENGALURU, KARNATAKA-560040. (REPRESENTED BY H.C.G.P) 3. KARNATAKA STATE POLICE COMPLAINT AUTHORITY REPRESENTED BY H.C.G.P VISHWESHWARAIAH MAIN TOWER DR. AMBEDKAR VEEDHI, BENGALURU-560001. …RESPONDENTS (BY SRI. K.P. YOGANNA, AGA) Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15359 WP No. 719 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.1 AND 2 TO CONDUCT INVESTIGATION AND FILE CHARGE SHEET AGAINST THE ACCUSED PERSONS IN CR.NO.345/2025 WITHIN A STIPULATED TIME PERIOD AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed seeking a writ in the nature of mandamus against respondent Nos.1 and 2 to conduct investigation and file charge sheet in Crime No.345/2025. 2. Heard learned counsel for the petitioner and learned AGA for the respondents. 3. The petitioner, placing reliance on the First Information Report registered in Crime No.345/2025, has produced before this Court certain photographs as well as medical records to substantiate the grievous injuries allegedly sustained by the complainant and his family - 3 - HC-KAR NC: 2026:KHC:15359 WP No. 719 of 2026 members in the said incident. The material placed on record prima facie indicates that the complainant and his family members were subjected to physical assault resulting in serious injuries, which necessitated medical treatment. These documents are relied upon by the petitioner to demonstrate the gravity of the incident as well as the urgency required in conducting a prompt and effective investigation. 4. It is not in dispute that the crime in question came to be registered on 28.08.2025. However, on perusal of the pleadings and the material placed on record, this Court finds that there appears to be considerable delay and lack of diligence on the part of the Investigating Officer in proceeding with the investigation. Despite lapse of considerable time from the date of registration of the crime, the investigation has not reached any meaningful stage. The petitioner specifically contends that even the statements of the injured persons and other relevant witnesses have not been recorded till date. Such inaction - 4 - HC-KAR NC: 2026:KHC:15359 WP No. 719 of 2026 on the part of the Investigating Officer, particularly in a case involving allegations of assault resulting in grievous injuries, cannot be countenanced. 5. When a cognizable offence is registered and investigation is set in motion, the investigating machinery is expected to act with due promptitude and diligence so as to ensure that the investigation is completed within a reasonable time. The delay in carrying out essential investigative steps, such as recording the statements of witnesses, clearly indicates a degree of laxity in the conduct of investigation. In such circumstances, the petitioner, who is aggrieved by the inaction of the authorities, is justified in approaching this Court seeking appropriate directions. 6. Having regard to the facts and circumstances of the case, this Court is of the view that the petitioner has made out a case for issuance of a writ in the nature of mandamus. If the crime is registered as early as on - 5 - HC-KAR NC: 2026:KHC:15359 WP No. 719 of 2026 28.08.2025 and the investigation has not progressed substantially even thereafter, this Court cannot remain a silent spectator to the apparent inaction on the part of the investigating agency. Therefore, this Court deems it appropriate to issue necessary directions to ensure that the investigation is completed expeditiously in accordance with law. 7. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) Respondent Nos.1 and 2 are hereby directed to take immediate steps to complete the investigation in Crime No.345/2025 and to file the final report before the jurisdictional Court strictly in accordance with law, within a reasonable time. (iii) The learned Additional Government Advocate is directed to forthwith communicate a - 6 - HC-KAR NC: 2026:KHC:15359 WP No. 719 of 2026 copy of this order to the concerned Deputy Commissioner of Police so as to ensure compliance of the directions issued by this Court. (iv) Compliance report shall be ensured by the jurisdictional authorities in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 46