✦ Karnataka High Court

MRS. MOSEENA BANU v. THE STATION HOUSE OFFICER, UDAYAGIRI POLICE STATION

Writ Petition No. 4112 of 2022K V ARAVIND ORAL, PRINCIPLE DISTRICT, SESSION2 min read

Case at a glance

Outcome

Allowed

This writ petition is allowed in part

Provisions considered

Judgment

(BY SRI. SYED AMEER.,ADVOCATE) AND:

1.

THE STATION HOUSE OFFICER, UDAYAGIRI POLICE STATION MYSURU CITY, MYSURU STATE OF KARNATAKA THROUGH PP. DE-JURE.

2.

THE COMMISSIONER OF POLICE, MYSURU CITY, MYSURU SUPERIOR OF DE-JURE

3.

MRS. SALMA SIDDIQA CHIEF PROMOTOR/DIRECTOR AND AUTHORIZED PERSON.

4.

ZAHIDULLA KHAN CHAIRMAN,

6.

K.ABDUL AZEEZ VICE CHAIRMAN, Location: High Court of Karnataka - 2 - NC: 2024:KHC:29030 WP No. 4112 of 2022 TIPPU SULTAN SHGS FOUNDATION, TIPPU SULTAN TRUST (R), MYSURU, OFF NO.23, BALAJI COMPLEX, FIRST FLOOR, RING ROAD, SATELLITE BUS STAND, SATHAGALLI CIRCLE, MYSURU (BY SRI.S.H. RAGHAVENDRA, AGA FOR R2; R1 SERVED SRI. SYED SHAHRUKH.,ADVOCATE FOR SRI. S.H. PRASHANTH, ADVOCATE FOR R3, R4, & R5) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO THE INVESTIGATION SHALL BE CONDUCT FAIRLY, IMPARTIALLY AND THE INVESTIGATION MAY KINDLY BY ORDERED TO BE FILED AS SOON AS POSSIBLE. THE RESULT OF EXPEDITIOUSLY. THAT THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K V ARAVIND ORAL ORDER (PER: HON'BLE MR JUSTICE K V ARAVIND) The grievance of the petitioner is that the respondent- authority have failed to conduct fair investigation pursuant to P.C.R.No.4/2021 filed before the Principle District and Session Judge and designated Court under the Banning Of The Unregulated Deposit Scheme Act, 2019.

2. Sri.S.H.Raghavendra, Learned AGA appearing for the respondent submits that P.C.R.No.4/2021 was registered as - 3 - NC: 2024:KHC:29030 WP No. 4112 of 2022 Cr.No.165/2021. The said proceedings was subjected to Criminal petition No.9847/2021 under Section 482 of the Cr.P.C. It is submitted that the interim order was operating against the further investigation. It is further submitted that by Order dated 05.07.2024 the Criminal Petition has been dismissed by this Court.

3. In view of the dismissal of the Criminal Petition, there is no impediment for the respondent-authorities to proceed with the investigation in Cr.No.165/2021. In such circumstances, the respondent-authority is directed to conclude the investigation expeditiously.

Operative part

4. Accordingly, following: ORDER i. ii. This writ petition is allowed in part. The respondent-Authority is directed conclude enquiry expeditiously accordance with law. RL Sd/- JUDGE

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: This writ petition is allowed in part

Which statutory provisions did this judgment involve?

Constitution of India — arts. 226, 227; Code of Criminal Procedure, 1973 — s. 482.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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