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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
E.S.INDIRESH
Mallappa Boraddi – Appellant
Versus
Director General Of Police – Respondent
| Table of Content |
|---|
| 1. facts surrounding the fir and case background. (Para 2 , 3) |
| 2. court's analysis of investigatory irregularities. (Para 4 , 5) |
| 3. judicial precedents guiding cbi intervention. (Para 6 , 7 , 8) |
| 4. final orders directing a new investigation. (Para 9) |
ORDER :
E.S. INDIRESH, J.
Heard Sri. Kulkarni Shrinath, learned counsel appearing for the petitioner and Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for the respondent-State.
2. In this writ petition, the petitioner is assailing the 'B' Report, dated 21.10.2023, in Crime No.12 of 2023 on the file of 41st Additional Chief Metropolitan Magistrate Court, Bangalore, inter-alia, sought for a direction to the respondents to consider the representation dated 23.03.2023 produced at Annexure-D to the writ petition inter-alia sought for re-investigation by a independent agency in accordance with law.
3. Relevant facts for the adjudication of this writ petition are that, on 23.02.2023, FIR came to be registered by the respondent No.4 in Crime No. 12 of 2023 for the offence punishable under Section 306 of IPC , based on the complaint filed by one Smt. Girijamma Boreddy, wife of the deceased- Shankarappa Bored
Judicial intervention in criminal investigations is warranted to ensure fair process and public trust when local authorities are ineffective or biased.
It is trite law that Article 21 embraces both the life and liberty of the accused as well as the interest of the victim, his or her near and dear ones, as well as of the community at large.
The judgment emphasizes the constitutional right to a fair and just investigation, the duty of the police to act according to law, and the need for a balanced approach between individual rights and s....
Victim has a fundamental right of fair investigation and fair trial – Mere filing of charge-sheet and framing of charges cannot be an impediment in ordering further investigation/re-investigation/de ....
The necessity for a C.B.I. investigation arises in cases where police personnel are accused, ensuring fairness and public confidence in the judicial process.
Transfer of investigation to CBI requires exceptional circumstances; mere allegations against local police are insufficient for such action.
The investigation must be unbiased, honest, and just, and fair investigation is a part of the constitutional rights guaranteed under Articles 20 and 21 of the Constitution of India. The power to dire....
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