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NC: 2026:KHC:17110 WP No. 7650 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF MARCH, 2026

BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO. 7650 OF 2022 (GM-POLICE)

BETWEEN:

RAMESH SHARMA S/O LATE B.MITTALAL SHARMA

AGED ABOUT 54 YEARS

380, 1^st CROSS ROAD, ROBERSONPET,

KGF -563 122 …PETITIONER

(BY SMT.RKSHITHA P. SINGH, ADVOCATE FOR SRI. S BALAKRISHNAN, ADVOCATE)

AND:

1. STATE OF KARNATAKA BY HOME SECRETARY,

HOME DEPARTMENT Digitally signed by SUVARNA T VIDHANA SOUDHA Location: HIGH AMBEDKAR VEEDHI,

COURT OF KARNATAKA BENGALURU- 560 001

2. DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS,

NRUPATUNGA ROAD, BESIDE RBI, NUNEGUNDLAPALLI,

AMBEDKAR VEEDHI, BENGALURU -560 001

3. SUPERINTENDENT OF POLICE KGF

6th CROSS ROAD, KOLAR GOLD FIELDS,

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NC: 2026:KHC:17110 WP No. 7650 of 2022

HC-KAR

KARNATAKA -560 001

4. POLICE INSPECTOR CEN CRIME P.S.

NEAR ARTO OFFICE PEDDAPALLI

KOLAR GOLD FIELDS-563 120

5. CRIME INVESTIGATION DEPARTMENT

1, CARLTON HOUSE, PALACE ROAD,

BENGALURU -560 001

6. CENTRAL BUREAU OF INVESTIGATION NO.36, BELLARY RD,

BANGANAGAR, BENGALURU -560 032

…RESPONDENTS (BY SRI.MANJUNATH K., HCGP FOR R1 TO R5

SRI.P.PRASANNA KUMAR, ADVOCATE)

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT NO.5 OR 6 TO TAKE OVER THE FURTHER INVESTIGATION OF CRIME NO.12/2019 REGISTERED FOR OFFENCE PUNISHABLE UNDER S.66C,66D OF IT ACT AND S.420 OF IPC ON THE FILE

OF R-4 VIDE ANNEXURE-A.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS

UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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NC: 2026:KHC:17110 WP No. 7650 of 2022

HC-KAR

ORAL ORDER

The present writ petition is filed seeking the following

prayer:

"PRAYER WHEREFORE, petitioner humbly prays that This Hon'be

court be pleased to:

a. Direct Respondent No. 5 or 6 to take over the further investigation of Crime No. 12/2019 registered for offence punishable under S. 66C, 66D of IT Act and under S. 420 of IPC on the file of Respondent No. 4;

ANNEXURE-A.

b. Pass any other such order as deem fit in the ends of justice."

2. Learned counsel for the petitioner submits that it is a

cyber crime and the Police are not competent for the investigation and the law and order has to be either by the Central Bureau of Investigation or Crime Investigation

Department.

3. Learned High Court Government Pleader appearing for

respondent Nos.1 to 5 submits that the Police have already concluded the investigation and filed 'C' report on 04.02.2021. It is submitted that if the petitioners are aggrieved by the

same, they could have filed a petition.

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NC: 2026:KHC:17110 WP No. 7650 of 2022

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4. Having heard the learned counsels on either side,

perused the entire material on record. Notice was issued to the petitioner. The prayer of the petitioner to conduct the investigation by the Central Bureau of Investigation or Crime Investigation Department cannot be considered by this Court. If the petitioner is aggrieved by the 'C' report filed by the Police, there is a remedy available to the petitioner. In that view of the

matter, this Court is passing the following:

ORDER

i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to question the 'C'

report filed by the Police.

ii. All I.As. in this petition shall stand closed.

SD/-

(LALITHA KANNEGANTI)

JUDGE

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