MOHAMMAD RAIAZUDDIN Vs. STATE

JUDGEMENT

(1.) This revision is directed against the order passed by the learned Judicial Fiist Glass Magistrate, Adilabad dismissing the petitioner's complaint under section 203, Criminal Procedure Code.

(2.) The petitioner is a Forest Guard. He filed complaint under sections 323 and 504, Indian Penal Code against the District Forest Officer, Adilabad and one Namdev, a Forest Guard alleging as follows : The complainant is a Forest Guard working vnder the District Forest Officer. On 16th January, 1975, the District Forest Officer called the complainant to his residence and abused him. The complainant reported the matter to the Conservator of Forests. On 28th January, 1975 when the complainant was going in a rickshaw at about 5-30 P.M. and when he reached the office of the Assistant Engineer, P.W.D., Adilabad, he met the District Forest Officer and Namdev, who were coming in the opposite direction on a scooter. The District Forest Officer asked the complainant to stop the rickshaw. When the complainant stopped the rickshaw, the District Forest Officer abused him as Lnnja Kodaka for having reported against him to the Conservator of Forests. In the meanwhile the Forest Guard, Namdev caught hold of the hand of the complainant and pulled him towards the District Forest Officer. The District Forest Officer thereupon slapped the complainant on the left cheek saying that the complainant may do whatever he liked.

(3.) After recording the sworn statement of the complainant, the learned Magistrate thought it necessary to postpone the issue of process to the accused and himself held an enquiry under section 202, Criminal Procedure Code. During the enquiry the complainant has produced three witnesses who deposed as direct witnesses to the incident. P.W.1 is a rickshaw puller. P.W. 2 is a police constable (on leave) P.W. 3 is a fruit seller. On a consideration of the complaint, the sworn statement of the complainant and the statements of P. Ws. i to 3, the learned Magistrate dismissed the complaint under section 203, Criminal Procedure Code, being of the view that the complaint is frivolous and has been concocted by the complainant to harass the District Forest Officer who is enquiring into charges of corruption against the complainant.