RIZWAN AHMED JAVED SHAIKH Vs. JAMMAL PATEL

JUDGEMENT

(1.) One Faijuddin Jainuddin lodged a complaint against Rizwan Ahmed, Ramchandra Kasbe and Afzalkhan, the three appellants before us, complaining that the appellants and some other unknown persons had gathered dangerous weapons and abducted the complainant, Faijuddin Jainuddin and assaulted him. The police registered offences punishable under Sections 142, 144, 147, 148, 365, 368, 324/149, I.P.C. against the appellants and commenced investigation. On 28th March, 1986 at about 8.30 p.m. the respondent No. 1 who was a sub-inspector attached to Chembur police station, along with other policemen,came to the residence of the appellant and forced the three appellants to accompany them to Chembur police station where they were put up in the lock-up. At about 2 a.m. on 29-3-1986 they were put up in a police van and brought to Bhandup police station and placed in the lock-up. On 30-3-1986 the appellants were produced before the Holiday Magistrate at Bhoiwada (Dadar) who ordered them to be produced before the regular Court on 31-3-1986. Later on they were released on bail. On 16th July, 1986 the appellants filed a complaint before the Matropolitan Magistrate, 27th Court, Mulund, Bombay impleading two sub-inspectors, two senior police inspectors and a police inspector attached with Chembur and Bhandup police stations complaining of offences under Sections 220, 342 of I.P.C. and 147(c)(d) and 148 of Bombay Police Act, 1951. The complaint also alleged the appellants having been "mercilessly beaten" while they were wrongfully confined at Chembur Police station. The learned Magistrate in the inquiry held under Section 202, Cr. P. C. recorded the statement of complainant and one witness, took cognizance under Sections 220 and 342, I.P.C. and Sections 147 and 148 of Bombay Police Act and directed the accused to be summoned.

(2.) The accused respondents appeared before the learned Magistrate and raised an objection to the maintainability of the complaint under Section 197(2) of Cr. P.C. relying on a notification which will be reproduced shortly hereinafter. The learned Magistrate formed an opinion that the complaint could not have been filed without the requisite sanction and therefore directed the accused-respondents to be discharged. The appellants preferred a petition under Sec- tion 482 of Cr. P.C. and Article 226 of the Constitution before the High Court of Bombay which was dismissed. The appellants have filed this appeal by special leave.

(3.) The relevant notification, D/- 2-6-1979 reads as under:- NOTIFICATION Home Department Mantralaya, Bombay - 400 032