CHANDRAPPA M N Vs. N NAGARAJ

JUDGEMENT

(1.) The petitioner has prayed for issuance of a writ in the nature of certiorari quashing the FIR No.134/2015 of Arehalli Police Station, pending on the file of learned Addl.Civil Judge and Judicial Magistrate First Class, Belur, Hassan District, for the offence punishable under Section 218 of Indian Penal Code.

(2.) The summary of the case as could be gathered from the material placed before this Court is that on 8.9.2008, the petitioner was the Station House Officer at Arehalli Police Station. At about 18.16 hours, Tahsildar, Belur, appeared before him and filed a complaint alleging that the accused in the said case has committed theft of sand and were illegally transporting it. The accused were said to have committed offences punishable under Section 41A and Section 21 of the Mines and Minerals (Development & Regulation) Act, 1957, and Sections 42 and 43 of Karnataka Minor Mineral Concession Act, and submitted the FIR to the jurisdictional Court. The trucks along with sand were produced before the petitioner. It is stated that during the investigation, the petitioner subjected the trucks and sand seized by the Tahsildar to P.F.No.88/2008 and obtained permission of the learned Judicial Magistrate First Class to retain the same. As per the order of the Court below, the trucks seized in the case were released to the respective registered owners. After completing the investigation, petitioner filed a charge sheet on 6.2009 against the accused persons for the offences mentioned therein. After the charge sheet, the case was registered in C.C.No.437/2013 (old C.C.No.289/2009).

(3.) The accused pleaded not guilty and were tried by the learned Judicial Magistrate First Class, Belur. The learned Magistrate, by his judgment dated 7.7.2014, acquitted the accused in the said case of all the charges leveled against them. However, while acquitting the accused, the learned Judicial Magistrate First Class observed that the petitioner did not investigate the case properly, conducted himself negligently because he did not ascertain as to who are the owners of the truck, who had instructed the accused persons to transport the sand and that the petitioner also as an Investigating Officer, did not record the voluntary statement of accused persons. Further he did not take any action against the owners of the truck. He also disposed of the sand seized without permission of the Court and did not inform the Government about the same. The learned Magistrate further observed that it was necessary for the superior officers of the Department of Police to take action against the petitioner.