BISMILLA SHAH BHURRU SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned Additional Public Prosecutor. Admit. With the consent of learned A. P. P. , heard forthwith.

(2.) THE applicant has approached this Court on account of order dated 10-7-2001 passed by the J. M. F. C. , Ashti, whereby Criminal Complaint No. 245 of 2001 filed by the applicant under sections 294 and 506 of I. P. C. against Police Station Officer, Police Station, Ashti was sent for investigation to P. S. I. , Police Station, Arvi. In this complaint, there were allegations against Police Station Officer, Police Station, Ashti, who happens to be Police Inspector Shri Latif Najir Tadvi. When a complaint is made against the Police Officer, it should not normally be sent for investigation to the police and of course it should never be sent to the Police Station where the Police Officer concerned against whom complaint has been filed is working. The Magistrate in total disregard of the basic principles of criminal law ordered the complaint to be investigated by the Police Station Officer, Police Station, Ashti against Police Inspector Shri Latif Najir Tadvi who was in fact the Police Station Officer of the said Police Station and the complaint was made against him by the applicant.

(3.) LEARNED A. P. P. could not justify this action of the Magistrate, but he submitted that the investigation in the matter was done by Head Constable Shri Manohar Misal who is working under Shri Latif Najir Tadvi.