MOHAMMAD ALI Vs. RAM SWARUP

JUDGEMENT

(1.) THIS is an appeal by the complainant against acquittal of the four respondents in a case under Section 342/109 I. P. C.

(2.) ON the relevant date respondent No. 1 Ram Swamp was the Head Constable while the remaining three respondents were constables posted at the Police Station Kairana, district Muzaffarnagar. The complainant is a Homoeopath practising at Kairana. His case was that on 15-10-1961 at about 1 P. M. the respondents unlawfully put him under arrest and took him to the thana where he was detained till 7 A. M. the next day when he was sent to the District Jail, Muzaffarnagar, and was released on ball on the evening of 16-10-61. Proceedings under Section 107/117 Cr. P. C. were taken against him which remained pending till 8-12-61 when they were dropped for want of evidence. Twenty-three days later, the complainant lodged a complaint on 1-1-62 with the allegations that without any rhyme or reason he had been put under arrest and detained under unlawful custody. He, however, admitted that the accused persons had no previous enmity with or ill will against him. The complainant further admitted that his uncle had gone to the thana that very day (15-10-61) at about 3 P. M. , but he was turned away by a police constable. However, no explanation has been furnished as to why any telegram or information about his unlawful detention was not sent to the District Magistrate, the Superintendent of Police or to higher authorities.

(3.) ALL the accused persons admitted that they had effected the arrest of the complainant-appellant on 15-10-61. But they denied that the complainant was arrested at his shop. According to the defence, the complainant was arrested in the market place where he was found publicly inciting communal feelings on the ground that the Hindus of Aligarh and Baraut had committed acts of atrocity upon the members of the Muslim community. One of the accused-respondents, namely Ram Swarup Head Constable, stepped into the witness box as D. W. 2 in support of the defence version and stated that soon after effecting the arrest of the complainant he took him to the thana and lodged a report there, which is Ext. Kha. 1 on the record.