HARIOM Vs. DILIP SINGH YADAV

JUDGEMENT

(1.) This petition has been preferred under Section 482 of Cr.P.C for quashing the order dated 03.09.2012, passed in Criminal Revision No.20/2011 by the Additional Sessions Judge, Karera, District Shivpuri as well as for quashing the order dated 06.08.2010, passed in Criminal Case No.581/2010 by the JMFC, Karera, whereby cognizance has been taken against the petitioner for the offence punishable under Sections 294, 323/34, 327 of IPC

(2.) The brief facts of the petition are that respondent/complainant was arrested in Crime No.37/2010 and he was sent to judicial custody by the order of JMFC, Karera. He was taken to sub jail, Karera at 5:00 P.M.. As soon as respondent/complainant entered into the jail, the jail guard Chandra Kumar Koli, demanded Rs.5000/- and started beating by fists and kicks. Thereafter, on the next date, the brother of the complainant came to see the complainant at that time Sovran Singh took Rs.200/- and further demanded for Rs.5000/-, which has to be paid to Jailer. When he again expressed his inability and said that he cannot arrange the same, then Hariom Sharma, Jailer said that Rs.5000/- be arranged by the evening. Upon this brother of the complainant expressed his inability thereafter Hariom Sharma beat the complainant and also abused him. After the release of the complainant from the jail, matter was reported to the Police Station, Karera, but no action has been taken against the jail staff. Thereafter, complainant filed a complaint before the competent Court for taking cognizance in the matter.

(3.) After due inquiry learned JMFC has taken cognizance against the petitioner alongwith co-accused. Then petitioner preferred revision which was registered as Criminal Revision No.20/2011, before the Additional Sessions Judge, Karera, which has been dismissed. Hence this petition.