VIKYAMAL DAKUMAL Vs. PRAKASHSING ATMASING

JUDGEMENT

(1.) This application in revision is directed against an order passed on 10-9-1969 by Mr. B. N. Doctor, City Magistrate, 10th Court in Criminal Case No. 1368 of 1969 whereby the complaint came to be dismissed under Section 203 of the Criminal Procedure Code.

(2.) The opponents Nos. 1 and 2 are the Police Constable and the Police Sub- Inspector respectively and they were attached to the Shaherkotda Police Station, Ahmedabad. The petitioner-complainant has been doing cloth business in Panchkuva Sindhi Market at Ahmedabad. According to him as about 6-00 p.m. on 26-6-69 while he was having a cycle repaired at a cycle shop near Kalupur Gate, the Police Constable opponent No. 1 asked him to accompany him to the police chowkey without giving any cause. He was not then in his police uniform dress. The complainant thereupon inquired from him as to the cause for taking him to the chowkey. As a result thereof, he lost his temper and dragged him to the police chowkey by catching hold of his 'Jhabba'. Several people had collected and they requested the Constable not to behave in that manner with the complainant. His complaint further was that the P.S.I. opponent No. 2 then came up to the police chowkey where he was made to sit. Both of them then started giving foul abuses and searched his pockets without calling the panchas and removed Rs. 85/- from his pocket. He was then handcuffed and tied with a rope. In that manner, he was taken from that place to the Shaherkotda Police Station and a false case under Sections 110 and 117 of the Bombay Police Act was filed against him. Some time after he was released on bail, he had sent an application to the Police Commissioner, Ahmedabad. He also sent similar applications to various authorities and since he received no reply whatever, he filed his complaint in the Court of the City Magistrate on 21-7-1969 in respect of offences under Section 504 of the Indian Penal Code and Section 147(d) and (e) of the Bombay Police Act against both the opponents.

(3.) The learned Magistrate thereupon passed an order which runs thus: - "S.P. Sherkotda to inquire and report under Section 202, Criminal Procedure Code". After receiving the report, the learned Magistrate heard the complainant's learned advocate and dismissed the complaint under Section 203 of the Criminal Procedure Code. Feeling dissatisfied with that order passed by Mr. B. N. Doctor, City Magistrate 10th Court, Ahmedabad, the complainant has come in revision before this Court.