MANJUNATHA D.R. Vs. RAKESH U.R.

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.P.C. praying this Court to set aside the order dated 22.11.2019 and 10.07.2020 passed by the XXIV Additional Chief Metropolitan Magistrate, Bengaluru in C.C. No. 7080/2020 produced at Annexures 'A' and 'B', respectively, insofar as these petitioners are concerned and quash the private complaint in PCR No. 14585/2019 for the offences punishable under Sections 364, 504, 506-B, 384, 365 of IPC and grant such other reliefs as this Court deemed fit in the facts and circumstances of the case.

(2.) The factual matrix of the case is that, the respondent herein has lodged a complaint before the Court and the same is numbered as P.C.R. No. 14585/2019, wherein, a specific allegation is made against these two petitioners that he was apprehended. When he was in the custody, he was unrest and the petitioners obtained the signatures of him on the blank cheques. Hence, he has approached the higher authorities and they have not taken any action and accused No. 2, who is said to be the staff of Nelamangala Town Police came along with three others in an I-20 Car made him to halt and then started abusing at the complainant without informing anything and forcibly boarded him into their Car and nabbed his mobile phone, thereafter, accused No. 2 himself called the brother of the complainant intimating him that they are taking the complainant to Nelamangala Police Station for settlement and also asked him to come over there, in spite of bringing the fact that, there is a complaint pending before the Court and Vijayanagar Police Station, but they failed to hear the voice of the complainant instead they started threatening the complainant, apprehending about the unexpected situation the complainant's brother rushed to Chandra Layout Police Station for help, where Chandra Layout Police officials called to the Nelamangala Town Police Station, but accused No. 2, who had received the phone call, replied that there is no such person with them. The complainant was subjected to all types of tortures at the hands of these petitioners. The learned Magistrate after receiving the complaint proceeded to record the sworn statement and thereafter issued the process.

(3.) Learned counsel appearing for the petitioners brought to the notice of this Court, the order passed by the learned Magistrate on 22.11.2019, wherein, while proceeding to take cognizance, an observation was made that keeping open the point in respect of accused Nos. 1 and 2, a case was posted for sworn statement. The learned counsel also brought to the notice of this Court the order passed by the learned Magistrate dated 10.07.2020 while passing an order on issuance of process, an observation was made that considering the sworn statement and the documentary evidence produced by the complainant, there is a prima facie case to proceed against the accused since accused Nos. 1 and 2 being police officials exceeded their colour of duty, no sanction is necessary. Hence, there is a prima facie material to say that the accused have committed the offences and it is a fit case to issue the process against the petitioners.