MOHAR SINGH KAURAV Vs. BHARAT SARKAR & OTHERS

JUDGEMENT

(1.) This petition under Article 226/227 of the Constitution of India has been filed seeking the following dual reliefs :-

(2.) Learned counsel for the rival parties are heard on the question of admission and the matter is being finally decided with consent of parties.

(3.) Factual matrix giving rise to the instant petition is that on certain inconvenience is being faced by the lawyers of Datia, a group of lawyers alongwith the petitioner attended Jan Sunwai conducted by Collector, Datia on 07.08.2012 and apprises the official of the problems of the lawyer community. It is further contended that Collector Datia got enraged and declined to entertain the group of lawyers and asked them to go away. It is further contented that in the night intervening 7th & 8th August, 2012 at about 12.00 midnight, 22-25 Police Personnel including Dhyanendra Bhadoriya, Ravindra Garg, Gyanendra Sharma, Rajendra Durve, M.L. Dhondi and Sudhanshu Tiwari trespassed into the dwelling house of the petitioner and started beating the petitioner and misbehaving with his family members. It is the further contention that Rs.33,000/- kept in the Almirah belonging to the petitioner were looted by Gyanendra Sharma, and the petitioner was arrested and taken to the Police Station Datia while he was still in his briefs. At the Police Station, it is contended that the petitioner was assaulted with fist and kick blows by Collector G.P. Kabirpanthi and Superintendent of Police, Datia Chandrashekar, which resulted into the petitioner's sustaining injuries. It is further contended that the petitioner was abused and threatened with dire consequences. It is further contended that FIR bearing Crime No.351/2012 was registered against the petitioner on 08.08.2012 alleging offences punishable under Sections 353, 294 and 34 of the Indian Penal Code at Police Station Kotwali, Datia, where the arrest was wrongly shown as having been effected on 7.00 AM on 08.08.2012. It is further contended that the petitioner was produced before the Judicial Magistrate concerned at 4.30 PM on 08.08.2012 by the Police. The petitioner also contends that when he was produced before the Judicial Magistrate on 08.08.2012, oral request was made for registering case against the Police and other Officials in regard to the above said incident, which took place with the petitioner. It is further contended that this oral prayer was repeated on the next day, i.e.,09.08.2012 by way of written application dated 09.08.2012 submitted to the District & Sessions Judge, Datia. The petitioner further contends that a written complaint was further made on 13.08.2012 to the higher officials. Copies of the complaint are said to be annexed as Annexure P/1 and P/2.