ANIL PRATHAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under section 482 of the Code of Criminal Procedure, 1973, the applicant seeks quashment of Criminal Case No.2107 of 1992 pending before the learned Judicial Magistrate First Class, Bhuj as well as the order issuing process on the ground that cognizance has been taken by the learned Judicial Magistrate without there being any prior sanction from the Government under section 197 of the Code.

(2.) The facts stated briefly are that the applicant is an Indian Police Service officer and at the relevant time was working as Assistant Superintendent of Police, Bhuj. It is the case of the applicant that on 15.07.1992, a public rally was organized by some local leaders of a political party wherein the complainant was a participant. The applicant was deputed for the police bandobust for the said rally. During the course of the rally some miscreants tried to disturb the law and order situation and at that time the police tried to stop the mob by using due force. In connection with the incident a first information report came to be registered against the respondent-complainant and others vide Bhuj Police Station I-C.R. No.151 of 1992 for the offences punishable under sections 143, 147, 148, 149, 332, 353, 336, 337, 186 of the Indian Penal Code and section 135 of the Bombay Police Act, 1951. The police arrested the complainant and others and produced them before the learned Judicial Magistrate First Class Bhuj on the same day and all the accused were released on bail. All the accused were subsequently charge-sheeted. Upon conclusion of the trial, vide judgment and order dated 11.10.1995 passed by the learned Chief Judicial Magistrate, Bhuj-Kutch, all the accused came to be acquitted.

(3.) On 16th July, 1992, the respondent No.2 - complainant lodged a complaint against the applicant in the Court of the learned Chief Judicial Magistrate, Bhuj being Criminal Complaint No.2107 of 1992 alleging commission of the offences punishable under sections 323, 504 and 506(1) of the Indian Penal Code. The allegations were to the effect that on 15.7.92 at about 17:30 hours the complainant was walking near the Collectors office in front of the District Court near Dr. Ambedkars statue, in the open space near the traffic point when the applicant ACP all of a sudden got incited and started shouting loudly saying catch him, and caught the complainant and belaboured him with sticks and at that time other persons who were passing by, namely, Anil Kumar Dalsukh Vitha, Dilip Jayantilal Joshi, Narendra Haribhai Makwana and Kamlesh Bhagwanji Thakkar were also caught by the accused and other police officers working under him and the accused without any reasonable cause or reason belaboured the complainant and others with sticks and caused injuries to them as detailed in the complaint. After beating them, the police took the complainant and others to the City Police Station and confined them. The complainant was suffering from severe pain due to the beating and Anil Kumar and Jayantilal were also suffering from severe pain due to the beating and were even vomiting. The complainant and others were wrongly apprehended and confined and on account of the injuries sustained by them, they required medical treatment. However despite making request they were not provided any treatment nor were they given any food and late at night the accused threatened them that if they complained about the beating to anyone, they would be involved in false cases and would be beaten even more. On account of the threats, when they were produced before the Magistrate at night, they did not complain about the ill-treatment.