K S MAHESH Vs. T S RUDRANI

JUDGEMENT

(1.) Heard both the parties.

(2.) The Petitioner herein as a public spirited person filed a private complaint under Section 200 of Code of Criminal Procedure read with Section 30 of the Protection of Human Rights Act, 1993 (for short the 'Act') before the Sessions Judge, Tumkur, alleging certain human rights violated by the persons named as accused herein. The learned Sessions Judge on presentation of the complaint, developed a doubt with regard to maintainability of the complaint The learned Sessions Judge after hearing the learned Counsel appearing for the complainant regarding the maintainability of the complaint, by the order impugned in this petition dated 23.12.2010, dismissed the complaint as not maintainable by observing as under:

(3.) The learned Counsel for the Petitioner by producing a copy of Gazette notification dated 25.1.2006, where under, the Karnataka State Human Rights Courts Rules. 2006 framed by the State of Karnataka, has been published contended that the order dismissing the complaint as not maintainable is contrary to the provisions of Rule 6 of the said Rules, therefore, the order suffers from illegality and irregularity as such it is liable to be quashed and the learned Sessions Judge is required to be directed to consider the complaint on merits. It is also the submission of the learned Counsel for the Petitioner that the learned Sessions Judge appears to be not aware of the Rules framed by the Karnataka State and this has resulted in the order impugned in this petition.