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Southern States - Karnataka

Muthappa Rai's petitions dismissed

By Our Correspondent

BANGALORE June 18. K.Sreedhar Rao, Judge, Karnataka High Court, today dismissed two criminal petitions filed by M.Muthappa Rai of Nadadu in Puttur taluk. The petitioner had challenged two orders passed by the VIII Additional Chief Metropolitan Magistrate, Bangalore.

The Trial Court judge had ordered the petitioner to be in police custody for 14 days and had also ordered further investigation in the criminal case.

The petitioner submitted that the Magistrate passed orders on June 4, 2002, by which he was remanded in police custody.

The judge passed orders on an application filed by the police seeking the petitioner's custody for interrogation and investigation in the criminal case.

The Vyalikaval Police had registered a case against the petitioner and others under Section 302 and other sections of the IPC and also under Section 25 of the Arms Act.

According to the prosecution, two persons entered the office of Subbaraju, shot him, and ran away. Seven persons were named accused in the case.

The petitioner contended that since the case was pending before the Sessions Judge, Bangalore, the Magistrate had no jurisdiction to pass the impugned order.

The Advocate General submitted that the Magistrate had powers to pass the orders and the order did not suffer from any infirmity.

The judge observed that in the logical sequence, the application one filed under Section 173 (B) of Code of Criminal Procedure had to be considered on priority and if it was allowed in law then the police had the jurisdiction to proceed with the investigation and in that process secure the custody of the accused.

The judge held that the Magistrate had not committed any error in entertaining the disputed application and on passing the impugned order. Accordingly, the judge dismissed the criminal petitions.

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