N CHALAPATHI S/O M NARAYANAPPA Vs. STATE OF KARNATAKA P S I BALLARI POLICE STATION REPRESENTED BY S P P , HIGH COURT OF KARNATAKA

JUDGEMENT

(1.) The present petitioners, who are accused Nos.1 to 6 in C.C.No.723/2013, pending before the II Addl. Civil Judge and JMFC Court, Ballari (hereinafter referred to as 'the Court below' for brevity), have filed this petition under Section 482 of the Cr.P.C. seeking to quash the order dated 13.09.2017, passed by the Court below in C.C.No.723/2013 dismissing the applications filed by these petitioners under Section 203 of Cr.P.C.

(2.) The summary of the case as could be gathered from the materials placed before this Court is that, the Registrar, Rajiv Gandhi University of Health Sciences, Bengaluru (hereinafter referred to as 'the RGUH', for brevity) lodged a complaint on 14.03.2011, against unknown persons relating to the Post-Graduate Entrance Examination 2011 held at Vijayanagara Institute of Medical Sciences, Ballari (hereinafter referred to as 'the VIMS', for brevity). It is alleged in the complaint that, some students who appeared in PGET examination at different centres filed a complaint to the Vice Chancellor, RGHU, Bengaluru on 03.03.2011 complaining about the mal practices said to have been practiced by the candidates in collusion with the invigilators. Two other persons also filed their complaints in that regard before the Lokayukta, Bengaluru.

(3.) The learned counsel for the petitioners in his argument, while reiterating the contention taken up by the petitioners in their petition submitted that, undisputedly the present petitioners, who are the police officials, are public servants, as such, the alleged acts complained by 2nd respondent even if it is taken as having been committed by the petitioners, would stand as the acts committed by the public servants while discharging their duty, as such, prior sanction under Section 197 of Cr.P.C. and under Section 170 of K.P. Act, was required to be taken before institution of the complaint. As such, the impugned order deserves to be set aside and their application deserves to be allowed.