(1.) A complaint was filed against the respondent (accused) Sub Inspector of Police, Law and Order, Kengerigate Police Station, Bangalore-2, by the petitioner (complainant) in the Court of the Judicial Magistrate, First Class (I Court), Bangalore City, alleging that he had committed offences under Ss. 323, 324, 355, 426, 392 and 342 of the IPC. The accused raised an objection that the Court had no jurisdiction to take cognizance of the offences in view of the provisions of S.170 of the Mysore Police Act 1963, hereinafter refeired to as the 'Act'. The learned Magistrate upheld the objection of the accused and rejected the complaint. That order is challenged by the complainant in this revision petition.
(2.) The only question for decision in this case is whether the prosecution of the accused is barred by the provisions of S.170 of the Act.
(3.) The complainant stated in his complaint the circumstances which gave rise to the prosecution of the accused as follows: On 18-10-71 two police constables in uniform with one Lakshmegowda went to his Saw Mill and informed him that the accused wanted him and so saying took him to the police station. The accused called the complainant near him and ascertained from him that he was a timber merchant and was running a Saw Mill. Suddenly the accused slapped him on his cheeks and when the complainant protested, the accused threatened him and again beat him and lacked "him with his shoes. Not being satisfied with that, the accused tore off the shirt of the complainant and took away Rs.2000 winch the complainant had in his shirt pocket. Thereafter, according to the complainant, the accused took out a gun and hit him with its butt end. Later on, on the orders of the accused, the complainant was put behind the bars in the lock-up. At the instance of some persons, he was released some time later and at that time he asked the accused to give his shirt and the money back, but the accused refused.