SC quashes complaint against Karnataka IPS officer Devaraj in illegal detention, assault case
New Delhi: The Supreme Court on Thursday quashed the complaint filed against Karnataka IPS officer D Devaraj, for allegedly assaulting a man during the investigation of a case while he was serving as SP, Bangalore Metropolitan Task Force (BMTF) in 2013.
Devaraj is presently serving as the SP, CID had earlier approached the apex court to stay the criminal proceedings against him in the case challenging the Karnataka High Court’s order that had declined to stay the proceedings. The apex court had then in April 2018 stayed the criminal proceedings against the officer.
The officer had then submitted that high court, as well as the trial court, ignored that so far public servants were concerned, the cognizance of any offence is barred by Section 197 unless sanction was obtained from the appropriate authority, if the offence, alleged to have been committed, was in discharge of the official duty.
In his petition, the police officer contended that Hussain, after his arrest in a criminal case, was produced before the magistrate court on February 28, 2013. He was specifically asked as to whether there was any ill-treatment and no complaint was made by him. The doctor, who examined him on March 4, 2013, found that no abnormalities and no injuries were found on him, he had said.
Hussain had filed a private complaint against Devaraja, retired ACP H Siddappa, inspector Puneeth Kumar R, sub-inspector V R Deepak, and police constable Hanumesh for the offences of criminal conspiracy, assault among others. The court of Additional Chief Metropolitan Magistrate, Bengaluru had on December 27, 2016, taking cognizance of the complaint against them. The high court had refused to allow their plea under Section 482 of the CrPC for quashing the complaint. It had directed them to appear and seek discharge from the trial court.
Hussain had alleged that he was 'illegally detained and booked for a theft he never committed.' Hussain from New BEL Road had claimed that he was harassed after the police barged into his house in February 2013, by breaking open the door. They beat, abused, and arrested him for a theft case registered in Halasuru police station, he had alleged.
On Thursday, the Supreme Court set aside the Karnataka High Court order and quashed the complaint. It observed “Significantly, the High Court has by its judgment and order observed “it is a well-recognized principle of law that sanction is a legal requirement that empowers the Court to take cognizance so 35 far as the public servant is concerned. If at all the sanction is an absolute requirement, if it takes cognizance it becomes illegal therefore an order to overcome any illegality the duty of the magistrate is that even at any subsequent stages if the sanction is raised the Magistrate has to consider”.
“In our considered opinion, the High Court clearly erred in law in refusing to exercise its jurisdiction under Section 482 of the Criminal Procedure Code to set aside the order of the Magistrate impugned taking cognizance of the complaint, after having held that it was a recognized principle of law that sanction was a legal requirement which empowers the Court to take Cognizance. The Court ought to have exercised its power to quash the complaint instead of remitting the appellant to an application under Section 245 of the Criminal Procedure Code to seek discharge” the Court observed as it quashed the complaint against Devaraj.
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Attacks on Christians contradict PM's message of harmony, visit to church: Gehlot
Jaipur (PTI): Former Rajasthan chief minister Ashok Gehlot on Thursday expressed concern over the reported attacks and disruptions in prayer gatherings of the Christian community in different parts of the country, saying such incidents were "worrying and condemnable".
In a post on X, Gehlot said that while the Prime Minister Narendra Modi was visiting a church and giving a message of peace and harmony, news of attacks on members of the Christian community from various regions reflected a serious contradiction.
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"Symbolic gestures would not be enough, and strict legal action was required against those spreading hatred," the senior Congress leader said.
He added that Indian culture has always upheld the spirit of "Vasudhaiva Kutumbakam", where every citizen has full freedom to practise their faith.
Gehlot urged the Centre and state governments to uphold the rule of law and ensure that no citizen is forced to celebrate their festival under fear.
