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2018 Supreme(Kar) 682

L.NARAYANA SWAMY
Suraj Jayawantrao Magadum – Appellant
Versus
State of Karnataka – Respondent


Advocates Appeared:
For the Petitioners:Kum. Bhagyashree N.B., Advocate For Sri. Ramachandra A Mali, Advocate.
For the Respondents: Sri. Praveen K Uppar, H.C.G.P.

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






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