A K SURESH Vs. RAJENDRA PETER

JUDGEMENT

(1.) THE petitioner who is an accused in C. C. No. 376/95 for offences under Sections 341, 324, 448 and 506, IPC pending on the file of the JMFC, II Court, Mysore has filed the petition under Section 482, Cr. P. C. challenging the legality of the order dated 28-5-1991 of the learned Magistrate taking cognizance of the said offences and directing issue of summons to the accused; and praying for quashing of the entire criminal proceedings against him and the order dated 19-9-1995 passed by the III Addl. Dist. and Sessions Judge, Mysore in Cr. R. P. No. 52/91, affirming the order of the learned Magistrate is also challenged by him.

(2.) A few undisputed facts necessary for the disposal of the petition may be stated as under :at the relevant time the accused was working as S. I. of police in N. R. Police Station, Mysore, Respondent No. 1 complainant was working as a Physical Education Teacher in Government Higher Secondary School, B. S. Mohalla, Mysore. His wife was working as a staff Nurse at P. K. P. P. Hospital, Mysore. He was living with his wife and his two minor children in the hospital quarters No. 16. He sent his complaint dated 8-2-1989 by registered post addressed to the S. I. of Police V. V. Puram police station, Mysore, from the Government K. R. Hospital, Bangalore where he was taking treatment for his injuries. That complaint was received on 10-2-1989 by PSI of V. V. Puram Police station. That was a complaint against accused petitioner given by the complainant alleging commission of offences of criminal trespass, causing serious hurt to him, wrongful confinement, criminal intimidation to kill him and of unlawful assembly. The serious allegations made in the complaint by accused are to the effect that on 5-2-1989 at about 7. 30 a. m. when he was still in his house the accused trespassed into his house in civil dress and started behaving with him in a wild manner abusing in vulgar language and mercilessly beating him with hands,boots and a lathi and thereby inflicting injuries on his face, head, stomach and all over the body. Then he directed the other policemen who had come along with him to take the accused dragging from his house and to put him in the police van that was parked nearby. He was thus removed from the house to the van and was taken to K. R. Hospital and was admitted there for treatment of his said injuries. It is further stated in para 1 of his complaint given to the police that telephonic information of the incident was given by the complainant to V. V. Puram police station from the hospital on 5-2-1989, 6-2-1989 and 7-2-1989. He also sent his written complaint dated 8-2-1989 by registered post suspecting that no action would be taken by the concerned police because the accused himself was a police official.

(3.) ON the said complaint dated 8-2-1989 the PSI of V. V. Puram police station Venkatesh, registered the crime No. 13/89 against accused under Sections 448, 381, 324 and 506, IPC. FIR was despatched along with the complaint to the concerned learned Magistrate. After the investigation the said PSI, Venkatesh submitted 'b' report to the learned Magistrate on 21-1-1992 in the said Crime No. 13/89. In the meanwhile a notice was also issued to the complainant informing him that the 'b' report was going to be submitted to the learned Magistrate. In response to the said notice the complainant appeared on 16-1-1992 and filed his objection statement dated 13-1-1992 protesting against the said 'b' report and undertaking to prove the alleged offences against accused. In para 4 of the objection statement he stated :