S P VAITHIANATHAN Vs. K SHANMUGANATHAN

JUDGEMENT

(1.) Special leave granted.

(2.) The respondent was the Additional Superintendent of Police, Prohibition and Enforcement, Salem, at all material times. The appellant herein was in-charge of an arrack shop belonging to his uncle at Sivathapuram. On account of illicit distillation in that area, the sales at the said arrack shop fell sharply. Consequently he complained to the authorities to check illicit distillation. His complaints fell on deaf cars. The illicit distillation activities were ever on the increase because of the connivance of the respondent. The appellant, therefore, complained to the higher authorities about the respondent's involvement and deliberate connivance at the activities of illicit distillers. The respondent on learning about the complaints and allegation of corruption was annoyed and bore a grudge against the appellant. The respondent, therefore, summoned the appellant to his office on March 20, 1985 at about 8.30 p.m. and beat him up severely and then took him in a jeep to the Prohibition and Excise wing where he was further tortured. The appellant contends that it was by sheer accident that he escaped alive. He then wrote to the respondent's superiors about the illtreatment meted out to him but to no avail. He then filed criminal complaint in Court alleging commission of offences under Ss. 341, 342, 323, 363, 364, 506 Part II, and 307 of the Indian Penal Code.

(3.) The learned Chief Judicial Magistrate, Salem issued process. Thereupon the respondent approached the High Court under S. 482 of the Code of Criminal Procedure (the Code) for quashing the issuance of process on three grounds, viz.,