HANAMAREDDEPPA S/O BEERAPPA AND CHANNAVEERAPPA S/O BASSANNA HADAPAD Vs. SYED GHALIB HASHIMI S/O SYED HASHAM

JUDGEMENT

(1.) HEARD .

(2.) THIS petition is filed praying for quashing the order dated 06.08.2012 passed by the Principal Sessions Court (Human Rights), Bidar in PHR No. 1/2012, by which the cognizance is taken against the petitioners and process is issued for the offences punishable under Sections 341, 342, 326, 504, 506, read with Section 34 of IPC and read with Section 2(d) of Human Rights Act. The complaint is lodged by respondent No. 2 herein alleging that the complainant has suffered injuries and fracture of his hand which were caused by the petitioners while he was in illegal detention by petitioner No. 1.

(3.) LEARNED advocates on both sides argued in respect of their case. Sri Baburao Mangane, learned counsel appearing on behalf of the petitioners drawing the attention of the Court to Rule 6 of Karnataka State Human Rights Court and Human Rights Commission Rules, 2005 submits that the sanction to prosecute the public servant is not obtained by the complainant and therefore, proceedings vitiate. He further argues that the second complaint based on the same allegations is not maintainable.