SRI. YOUSUF SHARIEF, SON OF DASTAGIR SHARIEF, AGED ABOUT 50 YEARS Vs. THE STATE OF KARNATAKA, BY ROBERTSONPET POLICE. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE

JUDGEMENT

(1.) The petitioners are before ibis court in the following circumstances.

(2.) It is claimed that the first petitioner was undergoing treatment at the Government Hospital, KGF, as he was said to be suffering from piles and that he was advised to undergo surgery. He was said to have been prepared for the operation and was taken to the operation theatre. At that point of time, a police team from Bangalore lead by an Assistant Commissioner of Police is said to have forcibly gained entry into the Operation theatre and are said to have forced the petitioner no. 1 to go with them and had made him change his clothes before being bundled into a jeep. Petitioners 2 to 4 are said to have protested at the inhuman treatment meted out to the petitioner no.1, which has led to the above criminal case being filed.

(3.) The learned counsel would contend that there is no material to indicate that any of the petitioners had assaulted any of the police personnel, or used criminal force against them while they were purportedly discharging their duty. Nor has it been demonstrated that the police party were deterred in any manner from performing their alleged duties. In this regard the learned counsel for the petitioners draws attention to the tenor of Sections 349 & 350 of the IPC. He would point out that from a reading of the definitions above, there is no case made out against the petitioners. The pleas for mercy by the second petitioner and others has been construed as obstructing the police. And also of having committed an offence punishable under Sec. 504 IPC.