SURESH KUMAR SHARMA Vs. DURGALAL VIJAY

JUDGEMENT

(1.) The appellant has filed this Writ Appeal against the order dated 31/03/2001 passed by the learned Single Judge in Writ Petition No. 559/1997.

(2.) At the relevant point of time, the appellant was posted as Sub-Divisional Magistrate-cum-Officer of Sheopurkalan, District Morena. The administration undertaken an anti-encroachment drive to remove encroachment at Sheopurkalan. It also tried to remove the encroachment made by respondent No. 1 - Durgalal Vijay by way of construction of a Lodge, in that incident, the respondent No. 1 inflicted some injuries over the body of then the Additional Collector Mr. M.K. Agrawal. He was medically examined by the Chief Medical Officer and thereafter a FIR was lodged at Police Station at 6.00 pm on 27/01/1997 to this effect. On the basis of the aforesaid FIR, a Criminal Case vide Crime No. 27/97 at Police Station Sheopurkalan under Sections 353, 323, 186, 294 and 506-B of Indian Penal Code was registered against the respondent No. 1. He was produced before the Additional Chief Judicial Magistrate and the Magistrate ordered release of respondent N. 1 on furnishing surety and bail bond. A case under Section 151, 107 and 116 of the Code of Criminal Procedure was also registered against the respondent No. 1 by the Police for breach of peace. He was produced before the Sub-Divisional Magistrate and the authority directed the respondent No. 1 to furnish the bail bond and surety of Rs. 20,000/-, when he did not furnish the bail bond and surety, he was sent to Jail on 28/01/1997. Thereafter, the respondent No. 1 filed a Revision before the Sessions Judge against the order of the Sub-Divisional Magistrate, the Sessions Judge ordered release of the respondent No. 1 on bail. After passing the order, the respondent No. 1 was released from Jail on 30/01/1997.

(3.) The respondent No. 1 filed a Petition before this Court under Article 226 of the Constitution and pleaded that he was illegally detained from 28/01/1997 to 30/01/1997, hence, a damage of an amount of Rs. One lac be awarded to him against the appellant and prosecution of the appellant be also ordered for tampering with the record of the case registered against him under Sections 151, 107 and 116 of Criminal Procedure Code. He pleaded that on 27/01/1997, Mr. M.K. Agrawal, the respondent No. 3 in the original petition, the appellant S.K. Sharma, respondent No. 2 in the original petition and respondent No. 4 Shri M.L. Todi, the then Town Inspector, Sheopurkalan came to the house of the respondent No. 1 and Mr. M.K. Agrawal manhandled him and beaten him. He had also received injuries, thereafter he had been taken to Police Station Sheopurkalan and detained illegally. A false report was lodged against him at Police Station Sheopurkalan by Mr. M.K. Agrawal and a criminal case under Sections 333, 353, 506-B and 294 of I.P.C. was registered against him. He was arrested for the aforesaid offences on 27/01/1997 at about 6.30 PM, thereafter, an application for bail was moved by him on 28/01/1997 and the Additional Chief Judicial Magistrate granted bail to him of Rs. 20,000/-. The bail was furnished on the same day, consequently, the Additional Chief Judicial Magistrate ordered release of the respondent No. 1 on the same day. The respondent No. 1 also came to know that proceedings under Section 151 of the Code of Criminal Procedure were also undertaken against him, hence, he moved an application for bail before the Appellant and the appellant rejected the aforesaid application for bail and thereafter he was sent to Jail. The respondent No. 1 also moved an application for suppling the copy of the order of the Sub-Divisional Magistrate, the appellant, however, the copy was not supplied to him. Thereafter on 28/01/1997, a Revision Petition was filed before the Sessions Judge, Sheopurkalan and the record of the Court of Sub-Divisional Magistrate was requisitioned and then the respondent No. 1 came to know that the Sub-Divisional Magistrate asked to submit a surety of Rs. 20,000/- and because the respondent No. 1 did not submit the surety, hence he was sent to Jail. The Additional Sessions Judge allowed the interim application of the respondent No. 1 and ordered release on bail of Rs. 1000/- only and thereafter, the bail of the respondent No. 1 was accepted by the appellant and he was released from Jail on 30/01/1997.