SHABIR TAMBAWALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this revision the applicant has impugned the order dated 9-5-1991 passed by the Additional Chief Metropolitan Magistrate, 2nd Court, Mazgaon, Bombay, dismissing his complaint on the ground that no sanction was taken by him before filing the complaint against respondent No. 2.

(2.) A perusal of the complaint filed by the applicant shows that he was having two telephone connections in the premises of his company known as Sizer Metals Corporation, situate at 15-17, Ycob Street, Mohammad Manzil, near J. J. Hospital, Bombay, within the jurisdiction of Dongri Police Station. On 12-12-1990 he suspected that his telephone was being illegally used for S. T. D. calls with the connivance of M. T. N. L. staff. Consequently he went to lodge a complaint with the Vigilance Cell of M. T. N. L. and on their suggestion at about 2. 30 p. m. the same day went to Dongri Police Station to lodge a complaint. At that time respondent No. 2 was Station House Officer at the said police station. When he told him the nature of his complaint the respondent No. 2 without any provocation flared up and unleashed a volley of filthy abuses on him. When he protested he abused him more and threatened to beat him. The same day i. e. 12-12-1990 the applicant made a written complaint to I. G. P. and commissioner of Police but having received no communication from them filed a complaint against respondent No. 2 for offences punishable under sections 504 and 506 I. P. C.

(3.) AS mentioned in para 1, the complaint filed by the applicant was dismissed on 9-5-1991. The dismissal order reads thus: "there is no permission under section 197 Cr. P. C. Hence filed. "