MEER SHARIFF ALI Vs. B.N. SHIVANNA

JUDGEMENT

(1.) Though this matter is coming up for admission, with the consent of learned Counsel for the petitioner and the respondent, the petition is heard for final disposal.

(2.) The petitioner, a Police Officer prays for quashing the proceedings in C.C.No.42390/2010 pending on the file of IX Additional Chief Metropolitan Magistrate, Bangalore.

(3.) The learned Counsel for the petitioner submits that the respondent herein filed a private complaint in PCR No.3977/2004 before the Chief Metropolitan Magistrate alleging that he was detained by the Police Officers who are named as accused Nos.1 to 10, at Upparpet Police Station. It is stated in the complaint that the accused-Police Officers used filthy language, slapped the accused, tied his hands with ropes and tortured him in custody. It is further alleged that the respondent-complainant's signature was taken on blank paper, forcibly demanded money to favour the accused. The respondent-complainant was not provided with food or water in order to extract money by the accused. The private complaint was presented on 05.03.2004 and the sworn statement of the complainant was recorded on 26.07.2010 and further statement was recorded on 02.09.2010.