LAWS(SC)-2020-6-22

D. DEVARAJA Vs. OWAIS SABEER HUSSAIN

Decided On June 18, 2020
D. Devaraja Appellant
V/S
Owais Sabeer Hussain Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is against a judgment and order dated 31-1-2018 passed by the Karnataka High Court, disposing of the application of the appellant under Section 482 of the Code of Criminal Procedure for quashing an order dated 27-12-2016 passed by the Additional Chief Metropolitan Magistrate III, Bengaluru City in PCR No.17214 of 2013, taking cognizance of a private complaint being PCR No.17214 of 2013 inter alia against the accused appellant, for offences punishable under Sections 120-B, 220, 323, 330 348, 506B read with Section 34 of the Indian Penal Code. The High Court did not quash the impugned order of the Additional Chief Metropolitan Magistrate dated 27.12.2006, but remitted the complaint back to the Learned Additional Chief Metropolitan Magistrate instead, with inter alia liberty to the accused appellant to apply for discharge.

(3.) The accused appellant is a police officer of the rank of Superintendent of Police. On or about 10-8-2012, when the accused appellant was posted as Deputy Commissioner of Police (Crime), Bangalore city, the Commissioner of Police, Bangalore passed an order transferring a case being Crime No.12/2012 registered at the Ulsoor Police Station, Bangalore, to the Central Crime Branch, Bangalore.