ABDUL SALAM Vs. MOHANLAL LAXMINARAYANA

JUDGEMENT

(1.) This revision is filed against the order dated 3-1-1997 in Criminal M.P.No. 2995 of 1996 on the file of the Judicial I class Magistrate, Adilabad.

(2.) The allegation of the petitioner herein is that he filed a private complaint under Section 202 of Cr.P.C. against the respondents 1 to 6 in the month of April 1996, which was referred to the Police, Adilabad town for investigation. The offences alleged against the respondents are under Sections 120-B, 451,395 and 149 IPC. On 5-1-1996, when the petitioner-complainant was in his house, the other family members of the respondents 2 to 6, who are police officers and businessmen of Delhi, trespassed into the house and conspired to commit dacoity and high handedly and under threat, they took cash of Rs.3,00,000/- belonging to the petitioner. It is stated that the petitioner had withdrawn the said amount from the State Bank of India, Adilabad Branch from Account No. SSI-67, which stands in the name of Parik Ginning Factory, Adilabad, and that there were in all 60 bundles of currency notes of Rs. 50/- denomination and that respondents 1 to 6 also took away important ledgers and other registers from, the custody of the petitioner with force and coercion. It is stated that the petitioner informed the same orally to the Adilabad Town Police Station and subsequently lodged a complaint, and after waiting for more than three months he filed a private complaint before the Court alleging that Adilabad Town Police did not take any steps to investigate the matter. Hence, he filed a petition to record his statement under Section 202 Cr.P.C. and to commit the matter to the Court of Sessions for trial. Since the Adilabad Town Police did not file any final report, a notice was issued to the Police to file final report, and after issuing notice, final report was filed on 5-12-1996 stating that complaint was false and therefore, Police sought to close the case. It is stated that subsequently the Court recorded the statements of complainant-Abdul Salam, his mother Bilquis Banj, Gaffar Khan, who was watchman of M/s. Abu Bhaker Industries and directed the complainant to file Bank pass books for himself and his father for perusal and on 18-12-1996 the complainant filed pass books for consideration.

(3.) Basing on the above allegations, the Court framed the following point for consideration: