REWARAM BYARE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY the instant application under Section 482 of Cr.P.C., the applicants have challenged the proceeding relating to Crime No.169/2011 registered by the Police Station Deori District Sagar for commission of offence punishable under Sections 224, 225, 353 read with Section 34 of IPC.

(2.) THE brief facts of the case are that a complaint was filed before the JMFC, Deori (Shri D.K. Notiya) against the applicant No.1 Rewaram Byare and another. THE learned JMFC passed an order under Section 156(3) of Cr.P.C. and directed to the concerned police for investigation. On 18.5.2011 counsel for the complainant filed a complaint before the concerned Magistrate that the accused Rewaram Byare was sitting in the house of Dr. B.C.Jain, which was outside of the Court, and therefore since the police Maharajpur was not arresting the accused Rewaram Byare, he may be arrested. THE learned JMFC called a report from the concerned Police Station but later on it was directed orally to the Court Moharrir Ramkumar to arrest the accused Rewaram Byare. Ramkumar went to the house of Dr. Jain and held the hand of accused Rewaram Byare, but in the meantime due to intervention of applicant No.2 Kamla Bai, wife of applicant No.1, Rewaram Byare went inside the house of Dr. Jain. Court Moharrir Ramkumar tried to enter into the house of Dr. B.C.Jain, but he was stopped by accused Munna and children of Dr. B.C.Jain. Court Moharrir Ramkumar informed the concerned Magistrate that accused Rewaram Byare could not be arrested, and therefore learned JMFC directed him to lodge an FIR and thereafter the FIR was lodged vide Crime No.169/2011 for commission of offence punishable under Sections 353, 224, 225 read with Section 34 of IPC.

(3.) AFTER considering the submissions made by learned counsel for the parties and looking to the documents placed before this Court, it is apparent that the complaint filed by the complainant was sent to the police for investigation under Section 156(3) of Cr.P.C. and therefore the learned JMFC had to do nothing with that matter relating to arrest of accused person unless final report under Section 173 of Cr.P.C. was submitted. The application moved by the learned counsel for the complainant was of no basis. Secondly, if the Court has directed to get report from Police Station Maharajpur, then the Magistrate was not competent to direct the Court Moharrir to arrest the applicant No.1 Rewaram Byare. Thirdly, no arrest warrant was issued by the Court in writing according to the provisions of Cr.P.C. If any policeman does not have any warrant of arrest, then he could not arrest to anyone. He has no authority to arrest any person in such a manner, and therefore if he could not arrest the applicant No.1, then no offence under Sections 224 and 225 of IPC is made out. Similarly, the Court Moharrir was competent to comply with the order of JMFC concerned within the Court room. He could not be sent to arrest a person without any arrest warrant. Under such circumstances, it cannot be said that he was doing any public duty as a public servant at the time of arrest of applicant No.1, and therefore if some criminal force was used against Court Moharrir Ramkumar, no offence under Section 353 of IPC is made out against the applicants. It appears that the learned counsel for the complainant misled the concerned JMFC for arrest of applicant No.1 without any basis.