K S RAVIKUMAR Vs. BASAVANNA

JUDGEMENT

(1.) Under Section 482 of Code of Criminal Procedure the petitioner filed the above petition seeking to revise the order dated 29.9.2012 passed by the X Addl. CMM, Bangalore in PCR No. 77/12 and duly confirmed by the order dated 16.11.2012 passed in Crl.R.P. No. 25079/2012 on the file of FTC-III, Bangalore. The petitioner herein who is the complainant in PCR No. 77/12 filed the said case under Section 200 of Cr.P.C. against the respondent herein who is a police sub-inspector, K.R. Puram Traffic Police Station, Old Madras Road, K.R. Puram, Bangalore. However, the tribunal oblivious of the fact that the respondent was a police officer, in the normal course referred the matter to the Station House Officer, K.R. Puram Police Station for conducting investigation under Section 156(3) of Cr.P.C. vide its order dated 9.7.2012.

(2.) Aggrieved by such reference to the Police Officer the complainant preferred Revision in Crl.R.P. No. 25079/2012 on the file of FTC-III of Bangalore contending that the said order of reference under Section 156(3) is erroneous and not in accordance with law as the respondent against whom the allegations are made is a Police Officer and referring the investigation to the very same police station will prejudice his interest. Learned Judge of the FTC observing that as the learned Magistrate acted in terms of Section 156(3) of Cr.P.C. for investigation even before taking cognizance, question of learned Magistrate examining the complainant on oath and his witness before the Court would not arise, deemed it fit to dismiss the revision.

(3.) Being aggrieved by such dismissal of the revision petition, the complainant has preferred the above petition inter alia contending amongst other grounds that both the Courts have erred in passing the impugned orders and the Court of the first instance ought to have taken cognizance of the fact that the complainant had suffered injuries as evidenced by the wound certificate, instead referred the complaint under Section 156(3) of Cr.P.C., which is not proper and hence, is before this Court in a Criminal Petition.