K K PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) This case is policeman versus policeman. For six years now the case is still drifting in the first phase itself, as its very right of entry into the criminal Court is under challenge. The Sessions Court in revisional proceedings upheld the objections raised by the accused that prosecution is not maintainable but the High Court in a second revision held that sessions Court had transgressed the jurisdiction as no revisional powers could have been exercised by the Sessions Judge at that stage. It is the said decision of the Division Bench of the High Court of Gujarat which is being challenged in this appeal.

(3.) A Deputy Superintendent of Police (for convenience he can be referred to hereinafter as "the respondent-police officer) filed a complaint before the Metropolitan Magistrate, Ahmedabad, against two other police officers one of whom was a Superintendent of Police and the other was a Deputy Superintendent of Police. (They will hereinafter be referred to as "the appellants".) The offences alleged against the appellants in the complaint are those under Ss. 166, 167, 176, 201, 219, 220, 342, 417 of the Indian Penal Code (IPC for short) read with Ss. 120-B, 34 and 109 of the same Code. The offence under S. 147(G) of the Bombay Police Act is also included in the complaint.