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Karnataka High Court · body

2018 DIGILAW 637 (KAR)

Suraj Jayawantrao Magadum v. State of Karnataka

2018-05-31

L.NARAYANA SWAMY

body2018
ORDER : 1. This petition is filed by accused Nos.1, 2 and 4 under Section 482 of Cr.P.C. seeking to quash the notification dated 16.12.2016 made in No.Aparadh/Mishra/Tanikhe/2016 issued by respondent No.2-Police. 2. The grounds urged by the petitioners are that, respondent No.2-Police, Belgaum by its order dated 16.12.2016 has transferred the case for investigation from Nippani to Bagalkote without assigning reasons in that regard. This transfer order is an administrative order. They could not have transferred the case registered against these petitioners at the instance of the complainant. Before transferring this case, the petitioners should have been heard. Transfer of the case from one police station to other police station is contrary to law and arbitrary. The transfer is only at the instance of the complainant. In order to harass the petitioners and to fulfill the illegal designs of the complainant the case is transferred. After transferring the case, the new Investigation Officer has created and foisted a false and frivolous complaint against the petitioners. Therefore, the learned counsel for the petitioners prays for quashing of the order dated 16.12.2016. 3. Learned HCGP for the respondents submits that on transferring this case from Nippani to Bagalkote for investigation. Pursuant to the same, investigation has already been completed in Crime No.121/2016 and charge sheet would be submitted to the learned Magistrate for further action. 4. I have heard the learned counsel for both the sides and perused the records. 5. The grounds urged by the petitioners are that, transferring the case from one police station to another police station for investigation, that too without hearing the petitioners cannot be accepted. Hearing of a party is required only when an adverse order is passed and also in compliance of the order of natural justice. In the instant case, the case was registered in Crime No.121/2016 for the offences under Section 420 of IPC in Nippani Police Station of Belgaum District. However, I.G.P. of North Division of Belgaum for investigation purpose has transferred the said case to Bagalkote police since it comes within Bagalkote jurisdiction. When such being the case, it is appropriate and it is competent for the respondent to transfer that case to another police station. 6. However, I.G.P. of North Division of Belgaum for investigation purpose has transferred the said case to Bagalkote police since it comes within Bagalkote jurisdiction. When such being the case, it is appropriate and it is competent for the respondent to transfer that case to another police station. 6. Though the learned counsel for the petitioners submits that transfer of case for investigation from one police station to another police station is arbitrary and illegal, but in support of the same, no other legal provisions and materials have been produced. Under such circumstances, it cannot be said that arbitrary action is taken by the respondent. In the light of the same, I hold that this petition is devoid of merits and is liable to be dismissed and accordingly, it is dismissed. The respondent-police is permitted to file charge sheet before the competent authority. Liberty is reserved to the petitioners, if aggrieved by the same they can challenge the same in accordance with law.