SUJATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking action against the third respondent and in that view to direct the second respondent to hold departmental enquiry against the third respondent by keeping him under suspension for creating forged false re-statement in the name of the petitioner filed along with the charge sheet filed in C.C.No.240/99 with an intention to help the accused persons therein.

(2.) The case of the petitioner is that she had lodged a complaint with the Byndoor Police against certain illegal acts committed by the persons against whom the petitioner had made accusation. In respect of the said incident, the third respondent herein was the Investigating Officer. The statements are said to have been recorded by the third respondent. The grievance at present is that even though the petitioner had initially made a statement that she had been assaulted with a wooden club the re-statement has been recorded by the third respondent as if if was made by the petitioner wherein it has been stated that the assault was only by hand and there was an attempt for molestation.

(3.) In that view of the matter, it is contended that the third respondent who was the Investigating Officer had infact created a forged document as if it is the restatement submitted by the petitioner and this was done to help the accused persons. This issue had been raised before the Court of III Additional Civil Judge and JMFC, Kundapur, who by the order dated 23.1.2010 had directed that the statement of the petitioner be recorded once over again. In that circumstance, the petitioner contends that when the learned Magistrate has accepted the allegation made against the third respondent that the re-statement has been forged, action requires to be taken against the third respondent. It is in that circumstance the petitioner is before this Court praying that the higher authorities be directed to initiate disciplinary proceedings against the third respondent for creating the forged document to aid the accused.