STATE OF GUJARAT Vs. NILESH CHANDRAKANTH SHETH

JUDGEMENT

(1.) . The State of Gujarat has filed the present Revision Application challenging the order below Exh. 7 dated 17-3-1986 passed in Criminal Case No. 772 of 1985 by the Third Joint J.M.F.C., Surendranagar rejecting the said application and further directing to proceed further with the said case.

(2.) The facts giving rise to the present case are as under: The respondent No. 1 has filed complaint dated 9-7-1985 in the Court of Chief Judicial Magistrate, Surendranagar for the offence punishable under Sections 341, 342 r.w. Section. 114, IPC, against the present respondent Nos. 2 to 5 by inter alia alleging that in the night between 6-7-1985 and 7-7-1985, the respondent No. 4 with his staff raided the premises situated oppositeVithal Press in Fodar's Lane in Surendranagar and filed a false case under Gambling Act against the complainant and other six persons and have illegally arrested them. It was further alleged that no Panchas were present and the Panchnama was prepared later on, and therefore, the complaint under Sections 4 to 5 of the Gambling Act against the accused is false. Not only that but the father of the accused Chandrakanth Seth and one Shri P. K. Mehta have gone to the Police Station for releasing these accused persons including the present respondent No. 1 on bail with necessary sureties and even though the offences charged were bailable offences they were not released on bail. The accused persons were thereafter produced before the Surendranagar City Police Station. At that lime also the father and relatives of the accused applied for bail which were not granted and accused were confined in the police custody from 11.00 o'clock night on 6-7-1985 to 11.00 a.m. of 7-7-1985 when they were produced before the Magistrate and were released on bail. In substance, the respondent No. 1 and other five persons were illegally confined in the police custody for about 12 hours, and therefore, compalint was filed against the present respondent Nos. 2 to 5 .for the alleged offences under Sections 341, 342 r.w. Section. 114 of ihe Indian Penal Code.

(3.) The present respondents Nos. 2 to 5 gave an application Exh. 7 for terminating proceedings on the ground that the said complaint is filed without necessary sanction which is barred by the provisions of Section. 197 of the Criminal Procedure Code read with the Notification of the Government issued in exercise of the powers conferred by sub-section (3) of Section 197 wherein it was directed that the provisions of sub-section (2) of Section 197 shall apply to the police officers' as defined by clause (ii) of the Bombay Police Act, and therefore, the present complaint against them is ordered to be terminated. The learned Magistrate after hearing the parties, came to the conclusion that no reasonable grounds are made out in the said application, and therefore, by his order dated 17-3-1986 rejected the said application. Hence, the present Revision Application.