Mag- istrate cannot order any police officer other than one who is in charge of police station to conduct investigation,

2002(3) Kar. L.J. 293 

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

PUSHPARAJ

Verses

SUBBANNA AND OTHERS

(A) CRIMINAL PROCEDURE CODE, 1973, Sections 200, 156(3), 2(0) and 36 - Private complaint of cognisable offence - Power of Magistrate to order for investigation into- Mag- istrate cannot order any police officer other than one who is in charge of police station to conduct investigation, though police officer superior in rank to officer-in-charge of police station can take up investigation on his own or on direction of his superior officer or of Government - Order of Magis- trate for investigation by Commissioner of Police, and dis- missal of complaint on acceptance of 'B' report filed by Assistant Commissioner of Police who actually conducted investigation, held, is illegal.

(B) CRIMINAL PROCEDURE CODE, 1973, Sections 200, 203, 204 and 398-Illegal detention and torture- Complaint against police-Magistrate referring complaint to Commis- sioner of Police for investigation and dismissal of complaint on acceptance of 'B' report filed by Assistant Commissioner of Police-Dismissal of complaint, held, is not justifiable where petition of complaint and sworn statement of complainant and recorded statements of material witnesses disclose suffi- cient ground for proceeding - At stage of issuing process, Magistrate is concerned mainly with allegations made in complaint and evidence led in support of same and he is only to be prima facie satisfied that there are sufficient grounds for proceeding against accused - Detailed examination of merits or demerits of case, not called for.