IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 25^TH DAY OF SEPTEMBER, 2020

BEFORE

THE HON’BLE MR.JUSTICE HANCHATE SANJEEVKUMAR

WRIT PETITION NO.226407/2020 (GM, RES)

Between:

Smt. K.A.Priyanka W/o B.Shashikanth Ikur,

D/o K.R. Ashok, Aged about 27 Years,

Occ: House wife, R/o H.No.2-6-72/7,

Near C.G.Temple, Tq: Shahapura,

Dist. Yadgir, Now residing at plot No.7,

Ward No.22, Shivakrupa Building,

Near Hotel Royal Port, Cantonment,

Ballari-583 104.

… Petitioner

(By Sri Arunkumar Amargundappa, Advocate)

And:

1.

The Superintendent of Police,

Kalaburagi, Dist. Kalaburagi-585 101.

2.

The Superintendent of Police,

Ballary, Dist. Ballari-583 101.

3.

The Circle Inspector of Police,

Shahapur, Tq. Shahapur,

Dist. Yadgir-585 223.

4.

The Police Sub Inspector,

Shahapur, Tq: Shahapur,

Dist. Yadgir-585 223.

R

2

5.

The Circle Inspector of Police,

Ballari city police Sub-Division,

Ballari Women Police Station, Ballari,

Tq. & Dist. Ballari-583 101.

6.

The Police Sub-Inspector,

Ballari Women Police Station, Ballari,

Tq. & Dist. Ballari-583 101.

… Respondents

(By Sri. Mallikarjun Sahukar, HCGP)

This Writ Petition is filed under Article 226 & 227 of

the Constitution of India R/w Section 482 of the Code of

Criminal Procedure, praying to issue a writ of mandamus

and grant any other appropriate writ in the following terms:-

A)

Direct the respondent No.3 and 4 to retransmit

the entire case file registered in Crime No.206/2020 dated

25.07.2020, registered for the commission of offences

punishable under Sections 498A, 504, 323, 506 R/w Sec.34

of IPC & Sec.3 & 4 of D.P. Act, pending on the file of Civil

Judge & JMFC (Jr.Dn.) court at Shahapur to respondent

No.5 & 6 police station at Ballari, consequently direct the

respondents No.5 & 6 to reopen the FIR registered in Crime

No.82/2020 and investigate accordingly, Vide Annexure-C

& A.

B)

Such further order other reliefs be granted to the

petitioners to which the petitioner would be found entitled to

on the facts and circumstances of the case.

This petition coming on for preliminary hearing this

day, the Court made the following:

ORDER

The petitioner has filed the present writ petition

under Articles 226 & 227 of the Constitution of India

3

R/w Section 482 of the Code of Criminal Procedure with

following prayer.

To issue a writ of mandamus and grant any other

appropriate writ in the following terms :-

A)

Direct the respondent No.3 and 4 to retransmit the

entire case file registered in Crime No.206/2020 dated

25.07.2020, registered for the commission of offences

punishable under Sections 498A, 504, 323, 506 R/w

Sec.34 of IPC & Sec.3 & 4 of D.P. Act, pending on the

file of Civil Judge & JMFC (Jr.Dn.) court at Shahapur

to respondent No.5 & 6 police station at Ballari,

consequently direct the respondents No.5 & 6 to

reopen the FIR registered in Crime No.82/2020 and

investigate accordingly, Vide Annexure-C & A.

B)

Such further order other reliefs be granted to he

petitioners to which the petitioner would be found

entitled to on the facts and circumstances of the case.

2.

It is stated that the petitioner was given in

marriage to the one Shashikantha Ikur and after

marriage the petitioner went to her husband’s house at

Shahapur to lead marital life. It is alleged that the

4

petitioner was subjected to cruelty both physically and

mentally and without tolerating the same the petitioner

was constrained to leave her husband’s house and has

taken shelter in her parents’ house at Ballary as Ballary

is the native place of her parents. Then the petitioner

had lodged complaint before the Ballary Women Police

Station as against her husband and her in-laws which

was registered as crime No.82/2020 dated 15.06.2020

by the Ballary Women Police Station. Thereafter, the

Ballary Women Police Station officers have transferred

the present complaint and FIR registered in Crime

No.82/20