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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
E.S.INDIRESH
Mallappa Boraddi – Appellant
Versus
Director General Of Police – Respondent
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 Boreddy. In the said proceedings, one Nandini, resident of Bangalore has been shown as accused. It is also forthco
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....
The main legal point established in the judgment is the court's duty to ensure fair investigation and prosecution, as well as the power of the Constitutional Court to direct re-investigation in excep....
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.
The magistrate has no power to order further investigation suo motu or on the request of the complainant/informant after cognizance is taken and the accused person appears, nor does the magistrate ha....
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