SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2003 Supreme(Kar) 870

Karnataka High Court
P.R.VENUGOPAL - Appellant
Versus
S.M.KRISHNA, CHIEF MINISTER OF KARNATAKA - Respondent
Decided On : 10-20-03
CRI.R.P. : 400 of 2003

Advocates:
C.V.NAGESH, F.V.PATIL, M.MAHESH, S.JANARDHANA RAJAA

Headnote:Private Complaint -reference to Police by Magistrate

       CRIMINAL PROCEDURE CODE, 1973 - Section 200 - Private complaint regarding criminal conspiracy -complaint filed against the respondents based on the contents of a book - Magistrate referring the matter to police - police returning it expressing inability to register a case stating that the complaint didn t disclose any criminal offence - dismissal of complaint - whether Magistrate should refer the complaint even though material allegations and facts are not disclosed by it? No. Whether the order of Magistrate suffer from any infirmities? No.

       [N. S. Veerabhadraiah] - The learned VIII Additional Chief Metropolitan Magistrate, Bangalore City, after applying his mind to the facts of the case, as the complaint did not disclose any allegations of fact which are within the personal knowledge of the complainant has dismissed the complaint. If the Courts were to be permitted to entertain this kind of flimsy complaints based on story books, there will be no end for criminal litigations which results in miscarriage of justice.

       Cases Referred: ILR 2003 KAR. 801; AIR 1955 SC 196; AIR 1970 SC 45; AIR 1958 SC 45; AIR 1959 SC 119; AIR 1976 SC 1672; AIR 1958 SC 119.

       Requirement under the section

       INDIAN PENAL CODE, 1860-

       Section 120 B r/w 34 -Offence under the section - requirements for - stated.

       [N. S. Veerabhadraiah, J.] - To constitute an offence under Section 120B IPC that there should be an element of meeting of minds of two or more to wit a crime. No material facts are forthcoming in respect of the alleged conspiracy for having paid ransom running to crores of rupees for the release of the cine actor Dr. Rajkumar. That apart the author of the story book "Veerappan s Prize Catch: Rajkumar", written by the retired police Officer Viz., Sri C. Dinakar himself has not voiced and approached the appropriate Court. The complaint neither contains material facts nor allegations so as to constitute conspiracy. Therefore, the VIII Additional Chief Metropolitan Magistrate, Bangalore City, considering all these facts dismissed the complaint on the ground no sufficient, sustainable and substantial grounds are made out by the complainant to redirect the complaint to the SHO of the High Grounds Police Station. As such, the said order does not call for interference.

       Cases Referred: ILR 2003 Kar. 801; AIR 1955 SC 196; AIR 1970 SC 45; AIR 1958 SC 45; AIR 1959 SC 119; AIR 1976 SC 1672; AIR 1958 SC 119.

N. S. VEERABHADRAIAH, J.

( 1 ) IN this revision, the complainant has assailed the order of dismissal of the complaint in P. C. R. No. 2451 of 2003 passed by the VIII Additional chief Metropolitan Magistrate, Bangalore, dated 1-4-2003.

( 2 ) THE case of the complainant in brief is as follows: the famous cine star of Karnataka viz. , Dr. Rajkumar was abducted on the intervening night of 30/31-7-2000 by the notorious forest brigand veerappan and his associates. After the cine star was freed from the clutches of the forest brigand, the then IPS Officer viz. , Sri C. Dinakar wrote and published a book "veerappan's Prize Catch: Rajkumar", which contains the following writings. "15th September, 2000 the media is informed in the morning that Rajkumar was released at 4. 30 a. m. today. Intelligence Chief P. S. Ramanujam rings me at about 10. 00 a. m. to say that Rajkumar has been released. Poor chap. The Intelligence Chief does not know the source of intelligence of his own DGP. He has been tapping all my telephones and mobile phones and reporting to S. M. Krishna, Mallikarjun Kharge and M. B. Prakash about my activities. That man with the dolichocephalic face does not know that I have learnt the police work the hard way instead of writing books and articles like him. Police work is not done with the nib of a pen. It is indeed a crafty game. I am amused when I think of S. M. Krishna, Mallikarjun kharge, M. B. Prakash, P. S. Ramanujam and DIG Jayaprakash. They may be intelligent men but should they underestimate others? May I say, 'every information has a price' (with an apology to the Englishman's adage) there is a law in our country which requires that every commodity sold in the market should have a price tag. Human beings do not have a price tag. The price of human beings has to be bargained. The price paid for Rajkumar is: 1. Rs. 5 crores sent by S. M. Krishna through his son-in-law V. J. Siddartha on two occasions and Rs. 5 crores sent by S. M. Krishna through DIG Jayaprakash. 2. Rs. 1 crore sent by Parvathamma in Chennai and given in m. Karunanidhi's house. 3. Rs. 2 crores handed over personally by Parvathamma to bhanu in her house in Indiranagar, Bangalore. 4. Rs. 2 crores given by the film industry people in M. Karunanidhi's house at Chennai".

( 3 ) BASED on the said writings, the complainant presented a complaint under Section 200 of the Cr. P. C. against the respondents for the offence under Section 120-B read with Section 34 of the IPC alleging that the respondents have conspired and actually participated in the conspiracy for the release of the cine star. On the presentation of the complaint, the learned Additional Chief Metropolitan Magistrate, Bangalore, referred the matter to the High Ground Police for investigation and report in pursuance of the memo filed by the complainant on 11-2-2003. The inspector of Police, High Ground Police Station submitted a report expressing his inability to register a case either under Section 154 of the cr. P. C. or under Section 156 of the Cr. P. C. on the ground that the complaint did not disclose any criminal offence. After the report was submitted by the Inspector of Police, High Ground Police Station, the learned Additional Chief Metropolitan Magistrate, Bangalore, issued notice to the complainant, who appeared before the Court on 31-2-2003 and filed objections with a prayer to reject the report of the Station house Officer and redirect the Station House Officer to investigate the matter under Section 155 (2) of the Cr. P. C. The learned Additional Chief metropolitan Magistrate, Bangalore, by his order dated 1-4-2003 dismissed the complaint with the reasoning that no sufficient, sustainable and substantial grounds are made out by the complainant to redirect the investigating Officer to investigate the matter. It is this order of dismissal of the complaint which is questioned in the present revision.

( 4 ) LEARNED Counsel for the petitioner Sri F. V. Patil, contended that the complaint i









































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top