The Supreme Court on Monday stayed the criminal proceedings initiated against Karnataka IPS officer D Devaraja, for allegedly assaulting a man during the investigation of a case while he was serving as SP, Bangalore Metropolitan Task Force (BMTF) in 2013.
Devaraja, is presently SP, Bidar. A bench of Justices N V Ramana and S Abdul Nazeer issued a notice to Owais Sabeer Hussain on whose private complaint the proceedings were started by a trial court against the IPS officer and his other colleagues. The court sought a response from him within four weeks.
"In the meanwhile, there shall be stay of the impugned judgment and final order dated 31-1-2018 passed by the High Court of Karnataka at Bengaluru," the court ordered.
Senior advocate Sanjan Povayya and advocate Balaji Srinivasan challenged the Karnataka High Court's order that had declined to stay the proceedings.
The counsel contended that despite having found the magistrate's order of taking cognisance to be illegal without sanction under Section 197 Criminal Procedure Code, High Court has remanded the matter back and directed the petitioner to file a discharge application.
They submitted that high court, as well as the trial court, ignored that so far public servants were concerned, the cognizance of any offence is barred by Section 197, unless sanction was obtained from the appropriate authority, if the offence, alleged to have been committed, was in discharge of the official duty.
In his petition, the police officer contended that Hussain, after his arrest in a criminal case, was produced before the magistrate court on February 28, 2013. He was specifically asked as to whether there was any ill-treatment and no complaint was made by him. The doctor, who examined him on March 4, 2013, found that no abnormalities and no injuries were found on him, they said.
Hussain had filed a private complaint against Devaraja, retired ACP H Siddappa, inspector Puneeth Kumar R, sub-inspector V R Deepak and police constable Hanumesh for the offences of criminal conspiracy, assault among others. The court of Additional Chief Metropolitan Magistrate, Bengaluru had on December 27, 2016, taken cognisance of the complaint against them. The high court had refused to allow their plea under Section 482 of the CrPC for quashing the complaint. It had directed them to appear and seek discharge from the trial court.
Hussain had alleged that he was 'illegally detained and booked for a theft he never committed.' Hussain from New BEL Road had claimed that he was harassed after the police barged into his house in February 2013, by breaking open the door. They beat, abused and arrested him for a theft case registered in Halasuru police station, he had alleged.
