MOHAMMED MAJID BACHUBHAI MALEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Heard Shri Bariya, learned advocate appearing for the petitioner and Shri KT Dave, learned APP appearing on behalf of the respondents.

(2.) By way of this petition under Article 226 of the Constitution of India the petitioner has prayed for an appropriate writ, direction or order directing the respondents No. 1 to 2 to take appropriate action against Police Sub-Inspector, Khilleri and Constable, Yogendrasinh for ill-treating and beating the petitioner when the petitioner had approached the concerned P.S.I., with surety as per the anticipatory bail granted by the learned Trial Court. It is also prayed for an appropriate writ, direction or order directing the Police Inspector, Dani Limda to register the complaint submitted by the petitioner as 'FIR' against the aforesaid two officers.

(3.) It is alleged in the petition that the petitioner was granted anticipatory bail by the learned City & Sessions Judge, Ahmedabad, in Misc. Criminal Application No. 1945 of 2007 by order dated 8.6.2007 and when the petitioner approached the aforesaid P.S.I., of Maninagar police station along with surety and bail bond the PSI refused to arrest and release the petitioner; abused the petitioner and his surety; he has told them that he was not ready to do anything; and demanded Rs. 10,000 from the petitioner in the Police Station. It is further alleged in the petition as well as in the complaint that the petitioner was again threatened, abused and beaten by the aforesaid two persons and they again demanded Rs. 10,000 from the petitioner and the entire sequence has been narrated in the petition as well as in the complaint. It is alleged in the petition that the petitioner was beaten and he had to take medical treatment at V.S. Hospital and Medical Certificate/Injury Certificate is annexed with the petition. It is submitted that the petitioner has given complaint to the Dani Limda police station against the aforesaid PSI and the Constable for registering an FIR however the concerned police officer has not taken any action against the said PSI and the Constable. It is further submitted that the petitioner has also approached the Commissioner of Police with the aforesaid complaint but no action has been taken either by the Commissioner of Police, Ahmedabad City and/or any other authority. In these circumstances the petitioner has approached this Court for the aforesaid relief.