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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Harish Mugare, S/o Babu Mugare – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
The petitioner is before this Court seeking a direction for re-investigation in Special Case No.60 of 2023 pending before the II Additional District and Sessions and Special Judge, Dakshina Kannada, Mangalore; investigation be handed over to an independent investigating agency and also sought direction to initiate departmental inquiry against the 3rd respondent/ Investigating Officer.
2. Heard Sri Mayur D.Bhanu, learned counsel appearing for the petitioner, Sri N.Spoorthy Hegde, learned High Court Government Pleader appearing for respondents 1, 2 and 4 and Sri P.Prasanna Kumar, learned Special Public Prosecutor appearing for respondents 5 and 6.
3. Facts, in brief, germane are as follows: -
3.1. A crime in Crime No.91 of 2022 comes to be registered for offences punishable under Sections 302 , 323, 392 read with 34 of the Indian Penal Code and for offence punishable under Section 3(2)(v) and 3(2)(va) of the Prevention of Atrocities Act 2015 (hereinafter referred to as ‘the Act’ for short). The crime comes to be registered pursuant to a complaint by the petitioner on 18-12-2022. It is the case of the complainant/petitioner that he is working as Supervisor/Manager at Sarah Farms s
The court mandates a re-investigation by a Special Investigation Team when prior investigations are deemed shoddy and influenced by external pressures, emphasizing the need for a fair and credible in....
Judicial intervention in criminal investigations is warranted to ensure fair process and public trust when local authorities are ineffective or biased.
Transfer of investigation to CBI requires exceptional circumstances; mere allegations against local police are insufficient for such action.
Criminal Law - Transfer of investigation - Not rarest of rare case - Investigation to be conducted officer above rank of A.C.P.
Point of law : Criminal Law – Transfer of investigation - Transfer of investigation to CBI is not a matter of routine, in extraordinary circumstances by using powers of this Court sparingly in except....
Transfer of investigation requires concrete evidence of bias, not mere allegations; the integrity of the investigation must be maintained.
If a citizen, who is a defacto complainant in a criminal case alleging commission of a cognizable offence affecting violation of his legal or fundamental rights against influential persons, prays bef....
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