Shri. Suresh S/O Rajaram Jorapur vs The State Of Karnataka on 28 July, 2021
6. The co-ordinate Bench of this Court in
the case of M.Rajeswari Vs. State of P.S.I.
(L and O), Kengeri Gate Police Station,
Bangalore, [2001 (5) Kar. L.J. 532] by
referring to the above decisions of the Apex
Court has held that, the Sub-Inspector of
Police of Kengeri Gate Police Station who is not
a Special Police Officer competent to deal with
the offences under the Act within the meaning
of sub-section (1) of Section 13 of the Act,
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more so, when he is not of the rank of an
Inspector of Police, which would be the
minimum condition in view of sub-section (2)
of Section 13 of the Act. In the case on hand,
the case has been registered and investigation
has been done and charge-sheet has been filed
by a Head Constable of the Kittur Police
Station, who is not a Special Officer who is
competent to deal with the offence under the
Act, within the meaning of sub-section (1) of
Section 13 of the Act, when he is not of the
rank of an Inspector of Police, which could be
the minimum condition in view of sub-section
(2) of Section 13 of the Act. Without
considering this aspect, the learned Magistrate
has rejected the discharge application filed by
the petitioners.