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Karnataka High Court declares charge sheet filed by CCB invalid declaring it not a police station.
The High Court of Karnataka has ruled that the City Crime Branch does not classify as a police station and also that the official report submitted by the City Crime Branch is also not subject to the provisions of Section 173(2) of the Code and that it cannot be accepted by the magistrate's court. On 18 January, a single bench comprising of Justice B A Patil granted two petitions filed by the President and Chairman of the Kempegowda Institute of Medical Sciences Board and the Principal & Dean of KIMS, challenging the order issued by the Magistrate's court, rejecting the plea for discharge and taking notice of the final report filed by the CCB and directing proceedings against it.
The High Court in its order noted that It is fairly recognized by the respondents that no such authorisation has been issued by the State to make CCB a police station. Pursuant to Section 2(s) of the Code, the Government of the State must designate, either in specific or in general, any post or position to be a police station and no such definition has been made before this Court. It is with this context, undoubtedly, that the inquiry was carried out by the CCB and submitted the report in compliance with Section 173 of the Code but, in consideration of the argument which has been presented the officer of the CCB cannot be considered an officer-in-charge. In that regard, the Magistrate Court cannot have taken notice of the report that was submitted by the CCB.
The High Court Bench Further noted that While the learned Magistrate has acknowledged that he has examined the testimony of the witnesses and the information on the record, but as mentioned above, he has not taken into account the provisions of Sections 190(1) and 173(2) of the Code and if the CCB has any jurisdiction to submit the report and that it is self-evident that the Learned Magistrate had not applied properly his mind to the factual matrix of the present case at hand, the court then held that the order passed by the Magistrate Court is not in compliance with the law that is already established.
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