Karnataka High Court
Sabir Khan vs Superintendent Of Police on 22 November, 2017
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER 2017
BEFORE
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION NO.3052/2017
BETWEEN:
SABIR KHAN,
AGED ABOUT 63 YEARS,
S/O. GULAM RUBBANI KHAN,
#4, 9TH CROSS,
GOVINDPURA,
ARABIC COLLEGE POST,
BANGALORE-560 045.
MOB-9343822681. ... PETITIONER
(BY SRI. TAJUDDIN., ADV.)
AND:
1. SUPERINTENDENT OF POLICE,
CENTRAL BUREAU OF INVESTIGATION,
GANGANAGAR, BANGALORE.
2. I.G.P OF POLICE, C.I.D OF POLICE,
CARLTON HOUSE, PALACE ROAD,
BANGALORE-560 001.
3. SUPERINTENDENT OF POLICE,
CITY CRIME BRANCH DEPARTMENT,
COTTENPET MAIN ROAD,
SULTANPET, CHICKPET, BANGALORE.
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4. A.C.P. OF POLICE,
CHICKPET RANGE,MAJESTIC,
OPP. TO UPPARPET POLICE
STATION, BANGALORE.
...RESPONDENTS
(BY SRI. P. PRASANNA KUMAR., ADV. FOR R1;
SRI. SANDESH J. CHOUTA, SPP-II FOR R2 TO R4)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF THE CR.P.C. PRAYING TO ISSUE DIRECTION FOR
FURTHER INVESTIGATION ACTING U/S 173(8) OF CR.P.C.
BY DIRECTING THE 1ST OR 2ND OR 3RD RESPONDENTS IN
CR.NO.41/2016 PENDING ON THE FILE OF IV ADDL.
C.M.M., BANGALORE AND BRING TO BOOK ALL THE
CULPRITS WHO ARE INVOLVED LOOTED ROBBED THE
ENTIRE DAY TO DAY BUSINESS MATERIALS WORTH MORE
THAN 25 LAKHS WHO SHOULD ALSO BE ADEQUATELY
COMPENSATED FOR ALL THEIR NEFARIOUS ILLEGAL ACTS
IN EVICTING THE TENANT UNLAWFULLY HENCE THE
DIRECTION MAY BE ORDERED.
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:
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ORDER
Shri. P. Prasanna Kumar, learned stand counsel takes notice for first respondent - CBI.
2. Heard the learned counsel for the petitioner and the learned Additional S.P.P. for the State. Perused the records.
3. The petitioner has approached this court seeking a direction for further investigation directing the first respondent or second respondent or third respondent to investigate the matter and submit their reports in connection with Crime No.41/2016.
4. The petitioner herein has filed a private complaint before the IV A.C.M.M, Bengaluru in P.C.R.No.6087/2016. The learned Magistrate exercising powers under section 156(3) of the Cr.P.C.referred the said complaint for investigation and report, to the jurisdictional police i.e. Chickpet Police Station, Bengaluru. On such reference, the said police have registered a complaint in Crime 4 No.41/2016 for the offences punishable under sections.193, 194,195, 209, 197, 210, 211,421, 120B, 203, 424, 418, 199, 196, 406, 448, 471, 380, 420, 392, 451, 447, 400, 379, 419, 402, 454, 404, 403, 399, 468, 441, 474, 417, 120, 446, 464 of the IPC and investigated the matter and submitted a 'B' Summary Report.
5. It appears the complainant has filed a protest petition challenging the 'B' Summary Report. The Magistrate has not yet passed any orders either on the 'B' Summary Report or on the protest petition. In the meanwhile, the petitioner has approached this court invoking the jurisdiction of this court under Section 482 of the Cr.P.C and sought for further investigation by the respondents 1 and 2 or respondent No.3 herein.
6. It is quite notable under the provisions of the Criminal Procedure Code, when 'B' Summary Report is submitted by the police, the Court has got various options. Firstly, the Magistrate after going through the contents of the 'B' Summary Report, if the Magistrate is of the opinion 5 that the ingredients of the offence alleged have been made out in the 'B' Summary Report and are sufficient to proceed against the accused persons to try them, then the court can rely upon the said 'B' report as if a charge sheet and issue process against the accused under Section 204 of the Cr.P.C. Secondly, the Magistrate has also got powers to order for further investigation to the same police or any other competent police officer within his jurisdiction for the purpose of investigating the matter further and submit further report before the court. Thirdly, the Magistrate has got power to consider the protest petition, if the Magistrate is of the opinion that the 'B' Summary Report submitted by the police had to be accepted, he should accept or reject the same, and then basing on the contents of the protest petition, if the allegations made in the protest petition are sufficient to constitute any offence, the Magistrate has to take cognizance and has to provide an opportunity to the complainant to give his sworn statement and to examine any witnesses on his part and thereafter if any case is made out on the basis of the 6 contents of the protest petition and on considering the sworn statement of the complainant and his witnesses, the court may issue process against the accused under section 204 of the Cr.P.C.
7. The last but not least option is, if the Magistrate after taking cognizance on the basis of the protest petition and recording the sworn statement of the complainant and his witnesses, if he feels that the investigation has to be ordered for the purpose of further collection of material, the court while doing enquiry under section 202 of the Cr.P.C, can postpone the issue of process and order for investigation to be made by a police officer or by such person as he thinks fit for the purpose of deciding whether or not there is any sufficient ground for proceeding against the accused. Therefore, the Magistrate himself has got all these powers. The petitioner instead of urging these options to be exercised by the Magistrate, he jumped to this court.
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8. Though the learned counsel has sought to contend on various rulings of the apex court, none of those rulings are applicable to the facts and circumstances of the case. In all those rulings, the apex court has observed that the Magistrate has no jurisdiction to refer the complaint to the police officer who is higher in the rank, otherwise than the Station House Officer of the police Station which comes within the jurisdiction of the said Magistrate. The said rulings are not applicable for the simple reason in this particular case that stage has already been crossed by the Magistrate. After crossing over such stage they have noted only above the said options are available to the Magistrate.
9. In the above said circumstances, an opportunity is given to the petitioner to approach the jurisdictional Magistrate on the basis of his protest petition and he can seek permission to give his sworn statement and examine any witnesses and then request the court to take cognizance or to refer the matter for further investigation if necessary as contemplated under section 202 of the 8 Cr.P.C. Therefore, I am of the opinion that, this is too premature to entertain this petition. Hence, the petition deserves to be dismissed.
10. With the above said observation, the petition is disposed of.
Sd/-
JUDGE Msu