JUDGMENT

Abhay S Oka, J. - The question which arises for consideration in this suo motu petition under Section 482 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C') is as under:-

"Whether the complaint filed by the first respondent under Section 200 of Cr.P.C as against the second respondent who is a Senior Civil Judge and Judicial Magistrate First Class is maintainable in view of Sub- Section 1 of Section 3 of the Judges (Protection) Act, 1985?"

2. It will be necessary to briefly refer to the facts of the case.

The first respondent - complainant's seven years old son was ill and was taken to a Doctor, who, in turn, referred the case to a Hospital at Davanagere where the first respondent's son was admitted. The first respondent's son unfortunately died while he was admitted in intensive care unit of the hospital. A First Information Report was lodged at the instance of the first respondent with the Police Station at Kudligi against the Doctors and others alleging the commission of an offence punishable under Section 304A of Indian Penal Code (for short 'IPC'). The first respondent had filed a writ petition in this Court seeking transfer of investigation of the said offence to the Central Bureau of Investigation. Before this Court could deal with the same, 'B' report was filed, against which a protest petition was lodged by the first respondent.

3. According to the case of the first respondent, the Manager of Ahana Souharda Credit Co-operative Limited came to him and called upon him to repay a sum of Rupees two lakhs which was allegedly borrowed by him from the said credit society. According to the case of the first respondent, he informed the said Manager of the society that only a sum of Rupees forty-five thousand was borrowed by him and the same has been repaid. According to his case, after repayment of the entire amount, the said credit society had also executed a registered reconveyance deed in respect of the property mortgaged by him. The first respondent lodged a complaint on 27th October 2017 against the said Manager. The said Manager also lodged a complaint which was registered as Crime No. 191 of 2016 and the first respondent was arrested in connection with the same. The first respondent was produced by the Police before the second respondent-Judicial Officer at his home office. According to case of the first respondent, the second respondent asked him to withdraw the case registered by him against the Doctors and the Hospital for the offence punishable under Section 304A of IPC. According to the first respondent, the second respondent informed him that if he withdraws the said complaint, he would be released on bail and if the complaint was not withdrawn, he would be taken into custody. According to the case of the first respondent, the second respondent directed the Police to produce him in the Court on the next day. It is stated that at the Police Station, the Police Officers who have been arraigned as accused in the complaint subject matter of this petition, pressurized the first respondent to withdraw the case filed against the Doctors and the Hospital. On the next day i.e., 2nd December 2017, when the first respondent was produced before the second respondent, he was remanded to custody for fourteen days. It is alleged by the first respondent that in the meanwhile, the case filed by him against the Doctors and the Hospital was dismissed. The allegation of the first respondent is that the second respondent before whom he was produced along with the other persons shown as accused in the complaint subject matter of this petition ensured that the case filed by the first respondent is closed. The allegation is that the second respondent-Judicial Officer misused his judicial powers and has committed offences punishable under Sections 166, 205, 120A, 211, 219 read with Section 34 of IPC and Section 499 of IPC.

4. Prior to filing the aforesaid complaint under Section 200 Cr.P.C, the first respondent filed a compla