SHARIFBAI MEHMOOB Vs. ABDUL RAZAK

JUDGEMENT

(1.) THIS application has been filed by the complainant against the order passed by the learned Additional Sessions Judge, Poona, confirming the order passed by the learned Judicial Magistrate, Anti-corruption, Poona, dismissing the com plaint under Section 203 read with Section 161 of the Bombay Police Act.

(2.) THE case for the prosecution was that P. S. I. Khan of the Bund Garden Police Station received a complaint of theft on 9-7-1958 from one Mohamed Nathu Mistry. During the investigation of that offence P. S. I. Khan arrested the complainant on 2nd August, 1958, but she was ultimately released on 6th August, 1958, as there was no sufficient evidence against her. The complainant then filed a complaint in the Court of the Judicial Magistrate, Anti-corruption, at Poona, against P. S. I. Khan on 5-2-1959 alleging that her arrest and detention from 2-8-1958 upto 6-8-1958 was mala fide and unlawful. The learned Judicial Magistrate referred that complaint to the police under Section 202 of the Criminal Procedure Code. After receiving the police report, the learned Magistrate dismissed the complaint as it was not filed within six months of the act complained of, as required by Section 161 (1) of the Bombay Police Act.

(3.) AGAINST that order the complainant filed a revision application in the Sessions Court at Poona. The learned Additional Sessions Judge, after hearing the arguments, agreed with the conclusion reached by the learned Magistrate that the complaint was barred under Section 161 of the Bombay Police Act, inasmuch as it was filed on 5-2-1959, i. e. more than six months after the alleged wrongful detention by P. S. I. Khan and dismissed the application. It is against this order of the learned Additional Sessions Judge, that the present revision application has been filed by the complainant.