ORDER :

The petitioners in Criminal Petition No.4858/2016, are arrayed as accused Nos.1 & 2, whereas the petitioner in Writ Petition Nos.50088-89/2014 is arrayed as accused No.5 in CC No.27697/2014 arising out of Crime No.22/2014, on the file of VIII Addl. C.M.M. Bengaluru.

2. Virtually, in both the cases, the petitioners have sought for quashing of the entire proceedings in CC No.27697/2014 on the file of the Cubbon Park Police Station, Bengaluru. Almost similar grounds have been taken by them in both the cases. Therefore, the above mentioned Criminal Petition and Writ Petitions are clubbed together, heard in detail and a common order is passed.

3. The brief factual matrix which are very important to be noted in these cases are that: Pursuant to a petition sent to the Assistant Commissioner of Police, Cubbon Park Police Station, dated 21.12.2013, an inquiry was found to be held. Thereafter, the 2nd respondent Nyamagowda registered two complaints one in Crime No.276/2013 and another in Crime No.22/2014, which is later culminated in CC No.27697/2014. Therefore, the factual matrixes of both the cases are little bit relevant for consideration of the claim of the petitioners herein.

4. A lady by name Smt. Weng Ping Wife of Zheng Zhibiao, who has a Nationality of China, claiming to be residing at New Thippasandra Bengaluru lodged a complaint against some unknown Police men, making certain allegations, that a complaint was lodged to Assistant Commissioner of Police. It is stated therein that on 18.12.2013, the said lady received some wooden boxes and she kept five boxes in Rest-Inn Hotel situated in RHP road and she took the remaining five boxes in Innova car to her house. While shifting those boxes, about 4-5 Police men have intercepted this lady near the said hotel and without her permission went to her room in the said Hotel Room No.1104 and enquired about the boxes received by her and also demanded a sum of Rs.10 lakhs for the purpose of saving from registering a case against her and thereafter, they also stealthily took a sum of Rs.1,00,000/- in her hand bag and 300 Chinese Yuan, a Laptop, a Rolex Watch and 1 box containing red sandalwood. On these allegations, the matter was referred to the second respondent, who was then working as Deputy Commissioner of Police at that particular point of time. The second respondent enquired into the matter and submitted a report to the Station House Officer, Cubbon Park Police Station, on 2.2.2014 stating that the said lady Smt. Weng Ping, who lodged the complaint, was given with notice to explain about the contents of the complaint. But she did not appear before the second respondent and on examination of the red sandalwood, he came to know that, the said lady and others, were involved in transporting the red sandalwood to Andhra Pradesh, Tamilnadu and Orissa stealthily in order to have wrongful gain. Therefore, a case was registered by him in Crime No.276/2013 against Deepak, Muniraju, Weng Ping and Zheng Xinhua, for the offence punishable under sections 379 and 411 of IPC and u/s.144 of Karnataka Forest Act. The said case was also investigated by the second respondent i.e., Nyamagowda B.N. He has also stated that he has registered a case against the said lady in Crime No.276/2013. However, he found during the course of enquiry that the petitioners herein and other accused persons have also committed dereliction of duty. Petitioners in the above said Petitions being the Station House Officer and competent officer working in Cubbon Park Police Station has not taken any action against the Police officials who have demanded an amount of Rs.10 lakhs for the purpose of exonerating the said lady Smt. Weng Ping and others and also taken away Rs.1 lakh cash, 300 Chinese Yuan, a Laptop, a Rolex watch and 1 box containing red sandalwood and etc., Therefore, they are all involved in these cases and action should be taken against them also.

5. In this context, it appears, on the basis of the above said rep