IMRAN KHAN Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and learned HCGP for the respondent.

(2.) This criminal petition is filed with a prayer to quash the order dated 28.10.2013 passed in Cr.No.280/2013 of Sampige Halli Police Station on the file of the Chief Metropolitan Magistrate, Bengaluru.

(3.) It is the case of the petitioners that the respondent/police suo motto registered a case in Cr.No.280/2013 for offences punishable under Sections 399 and 402 IPC against themselves and others on 13.09.2013, showing the petitioners as absconding. They have stated in the complaint that on 13.09.2013 at about 11.20 p.m. they received information that on Nagavara Service Road 3 cars are parked and those people are planning to commit dacoity. Upon receipt of the information, the police officer along with his team and panchas reached the spot at about 11.50 p.m and stopped their vehicles at a distance and went near car Chevorlet Captiva and overheard the person sitting beside the driver was saying that lorry filled with steel will come and they will tie the driver and take away the lorry. Thereafter, the Police Officer himself and his staff apprehended 4 persons, 3 among them ran away. Police Officer apprehended 1) Fayaz s/o Abdul Samad, 2) Javeed s/o Mehboob Khan, 3) Saleem @ Ittu, 4) Suhail s/o Allabakash and seized 2 knives, 1 long, 2 machu, 2 wooden clubs, one Chevorlet Captiva, One Mahindra Scorpio and one Maruthi Omni. On the basis of which, he registered the case against those 4 persons and also three persons who ran away from the spot.