SRI BASAVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition filed under Section 482 Code of Criminal Procedure, the Petitioner, who is a practising advocate at Bhalki Taluk in Bidar district, has sought for quashing the complaint and the FIR in Crime No. 112/2010 of Bhalki Town Police registered on the basis of the complaint lodged by the Deputy Secretary, DPAR, Government of Karnataka, Bangalore.

(2.) Few facts relevant are as under:

(3.) The Petitioner herein stated to have refused to sign the proceedings sheet. The refusal on the part of the Petitioner herein to sign the proceedings sheet recorded during the enquiry before Deputy Secretary was reported to the Principal Secretary, DPAR, who in turn directed the Under Secretary to lodge a complaint to the jurisdictional police. Accordingly, on 11.05.2010, the Under Secretary, DPAR sent a written complaint to the Superintendent of Police, Bidar District, alleging that the refusal on the part of the Petitioner herein to sign the proceedings of the enquiry recorded by the Deputy Secretary on 30.04.2010 amounts to arrogance, therefore, he sought for registration of a criminal case against the Petitioner herein to prosecute him. On receipt of the said complaint, the Superintendent of Police forwarded the same to the Police Inspector, Bhalki Town Police Station, for registration of the case and to investigate the matter. Accordingly, the Bhalki police registered the case in Crime No. 112/10 for the offence punishable under Section 353 of IPC, submitted the FIR to the jurisdictional Magistrate and took-up investigation. It is at this stage, on coming to know of the registration of the case, the Petitioner presented this petition seeking to quash the complaint and FIR Later on the point of territorial jurisdiction the case was transferred to Vidhana Soudha Police Station, where the case in Crime No. 49/10 came to be registered on 12.08.2010. Subsequently the Investigating Officer after completing investigation on 04.11.2010 filed the charge sheet against the Petitioner for the offence punishable under Section 180 of IPC, based on which C.C. No. 49148/2010, has been registered.