MAHESH Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) These are the petitions filed by the petitioner -accused under Sec. 482 of Cr.P.C. requesting the Court to quash the impugned order dated 01.09.2015 passed by the Prl. Sr. Civil Judge & CJM, Bagalkot in Crime No. 63/2015 registered for the offences punishable under Sec. 366 and 368 of IPC and to quash FIR in Crime No. 63/2015.

(2.) Brief facts of the respondent -complainant's case are that the Police registered FIR against the petitioner herein for the offences punishable under Sec. 366 and 368 of IPC. Based on the said complaint alleged to have given by the Dy. S.P., Bagalkot alleging that father of one missing girl, Shivappa Mudakappa Hulaganni lodged complaint stating that his daughter Shilpa was studying in B.E. in Information & Technology at Basaveshwar Engineering College, Bagalkot. On 22.08.2015 along with his daughter the said Shivappa Mudakappa Hulaganni went to Navanagar bus stand and his daughter left him stating that she will go to College and thereafter she did not turn up and on 06.09.2014 the father of missing girl lodged complaint with Navanagar Police Station which was registered in Crime No. 85/2014 and thereafter he also filed W.P. No. 100008/2015 before this Court and the petitioner under the said Writ Petition made allegation that he has suspicion over the present petitioner about missing of his daughter and the said person has disclosed the said fact in the complaint filed by him and based on the said writ petition the respondent Police are investigating the case. Therefore, the respondent lodged the complaint against the petitioner and after registering the missing complaint they have given information to all the Police Stations in the State and also enquired with the College students and the Principal so also the parents and family members of the said girl and even after making all the efforts whereabouts of the missing girl are not traced out. Thereafter the said enquiry was entrusted to C.P.I. (City Circle) who has conducted enquiry by collecting phone numbers used by particular phone trap and the persons to whom calls have been made were also examined so also the students who were close to the missing girl have been examined and persons known to the lady are also examined and inspite of all these efforts no information is forthcoming about the missing girl and the present petitioner who is respondent No. 3 in the said writ petition who has not given information about using of mobiles and therefore he is not telling the truth. Therefore, he is to be subjected for polygraph/lie detector test. Further, the respondent also alleged to have recorded statement of the petitioner herein dated 09.05.2015. Based on these statements the respondent Police submitted requisition to the Principal Senior Civil Judge & C.J.M, Bagalkot requesting to grant permission for subjecting the petitioner herein for polygraph/lie detector test. Based on the said requisition the learned C.J.M, Bagalkot by order dated 01.09.2015 allowed the requisition and granted permission to subject the present petitioner for polygraph/lie detector test.

(3.) The petitioner challenged the said order alleging that it is without jurisdiction and contrary to the mandatory provisions issued by the National Human Rights Commission and the Judgment of the Hon'ble Apex Court reported in : 2010 (7) SCC 263 (Selvi and Others v/s. State of Karnataka). The trial Judge failed to appreciate that the respondent had filed the FIR with the allegation that father of the missing girl has suspicion and based on that, the respondent was produced before the Court. The petitioner co -operated with the Investigating Officer and his statement had been recorded. The petitioner has not confined the missing girl and he has not suppressed any information nor he has kidnapped the said girl. The learned trial Judge failed to follow the procedure as contemplated under law and without following the mandatory requirement passed the order in a mechanical manner. Hence, sought to set aside the said order.