A GOVERDHAN REDDY Vs. SUPERINTENDENT OF POLICE ALLAHABAD

JUDGEMENT

(1.) Petitioner-appellant was allegedly arrested on 11-4-1997 for the alleged offence under Section 8(b) of the A.P. Prohibition Act, produced before a Magistrate and remanded to police custody for being produced on 15-4-1997. On 15-4-1997, he and other co-accused complained to the Magistrate that they were beaten by S.I. of Police, Nirmal (T). Magistrate in his order recorded as follows : "........ A1 to A4 have stated that they have been beaten by S.I. of Police, Nirmal (T). On 11-4-1997, A2, A3, A4 have also stated they have already been treated by the civil Assistant Surgeon, Nirmal Government Civil Hospital. In the circumstances of the case A1, A2, A3 are referred to Government Hospital for treatment. A4 is remanded to judicial custody till 29-4-1997."

(2.) Making the grievance that inspite of the above complaint before the Magistrate no case has been registered by the S.I. of Police (respondent No. 3), petitioner-appellant sought for an appropriate direction for registration of a case against the third respondent for the alleged assault by him upon the petitioner-appellant.

(3.) Third respondent has filed counter-affidavit. He has denied the allegations and stated that when petitioner and others were first produced before the Magistrate they made no complaint of any assault upon them by the police. Subsequently, however, on 15-4-1997 the alleged 'assault complaint' is made by the petitioner and other co-accused before the Magistrate. According to the third respondent, petitioner received injury when he tried to escape, and while jumping over a compound wall fell down on hard surface and received injuries on his buttocks.