MAHESH DATTATRAYA CHATE Vs. ANUP SUBHASHCHANDRA JAISWAL

JUDGEMENT

(1.) Heard learned counsel Shri Kartik Shukul for the applicants and learned counsel Shri J.B.Kasat for the non-applicant. Admit. Heard finally by consent of learned counsel for the parties.

(2.) By the present application, the applicants are seeking quashing and setting aside Regular Criminal Case No.338/2013 pending before learned Joint Civil Judge Junior Division and Judicial Magistrate First Class, Court No.2, Wardha and quashing and setting aside order of issuance of process against the applicants.

(3.) The applicant No.1 is retired police officer and applicant No.2 is working in the police department and at the relevant time was posted as Sub Divisional Police Officer at Wardha. As per the contention of the non-applicant (the complainant), he was arrayed as accused in connection with Crime No.139/2013 registered with the Wardha City Police Station for offences under Ss. 180 and 353 of the IPC and under Ss. 33/131, 115, 116, and 117 of the Maharashtra Police Act. In the said crime, he was arrested and produced before learned Magistrate at Wardha on 25/3/2013. During enquiry, at the time of the remand, he was subjected to police atrocities during the police custody, due to which he sustained severe injuries. Therefore, by order of learned Magistrate, he was referred for medical examination and, thereafter, his statement was recorded and report was forwarded to Principle District and Sessions Judge, Wardha to conduct an enquiry into the allegations made by the complainant. Accordingly, one person committee was constituted and the enquiry report was submitted on 18/5/2013. On the basis of the complainant's statement and the aforesaid medical and enquiry reports, learned Magistrate took cognizance under Sec. 190 of the Code of Criminal Procedure and directed the complainant to submit his list of witnesses. The complainant filed list of witnesses. After hearing the complainant, learned Magistrate was pleased to issue process by passing order on 31/8/2013 against the applicants under Sec. 323 read with 34 of the IPC. Learned Magistrate has also issued the process against the applicants.