H D KUMARASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These three criminal petitions arise out of three different complaints lodged by an Electoral Officer appointed by the Chief Election Commissioner to monitor the elections that took place in the month of March, 2014. The petitioner is the former Chief Minister against whom the official complainant has filed three different complaints for offences punishable under Sections 188 and 341 of IPC.

(2.) Sri D.L.Jagadeesh, learned Senior Counsel appearing for the petitioner in all these matters would submit that the matter stands covered by various decisions of co-ordinate benches of this Court. The learned counsel has drawn the attention of this Court to atleast three decisions in the case of Sri M.Veerappa Moily /vs./ State of Karnataka and another decided on 30.07.2015 in Crl.P. No.2237/2015; in the case of K.S.Eshwarappa /vs./ The State of Karnataka and another in Crl.P.No.201195/2015 decided on 13.04.2016 and in the case of H.D.Kumaraswamy /vs./ State of Karnataka and another in Crl.P.7342/2016 decided on 05.10.2016.

(3.) In the case of K.S.Eshwarappa (supra) this Court while referring to Section 195 of Cr.P.C. has held that the said provision clearly creates a statutory bar on the Court for taking cognizance unless the complaint in writing is made by the public servant concerned or some other public servant to whom he is administratively subordinate. It was therefore held that the provision takes away the general power of the Magistrate under Section 190 of Cr.P.C. to take cognizance without there being a complaint in writing. The Co-ordinate bench has further taken note of Section 171(H) of IPC and held that the said provision is catagorised as non- cognizable offence under the classification of the offence in schedule-II of the Cr.P.C . When the offence is declared as non-cognizable in nature, Section 155(2) of Cr.P.C. bars the police to investigate such matter without the valid permission from the jurisdictional Magistrate.