KAILASH CHAND JAIN Vs. VINOD KUMAR MISHRA

JUDGEMENT

(1.) This revision by the complainant is directed against the order dated 1-3-1983 passed by Session Judge, Rajnandgaon in Criminal Revision No. 75 of 1982 allowing the revision filed by respondents to 3 against the order dated 7-8-1982 passed by Chief Judicial Magistrate, Rajnandgaon rejecting the application of respondents 1 to 3 under Section 197 (2) (3) Code of Criminal Procedure and taking cognizance of offences against these respondents under section 166, 167 and 506-B of the Indian Penal Code.

(2.) Material facts are as follows: Respondents 1 to 3 in this revision petition are police officers of the rank of sub-inspectors posted at police station Rajnandgaon. Petitioner Kailash Chand .fain filed a complaint before the Chief Judicial Magistrate, Rajnandgaon alleging that on 18-9-1981 Respondents 1 to 3 accompanied by a force of six-seven constables entered his residential house and hurled filthy and obscene abuses on him. Respondents 1 and 2 whipped out their pistols and threatened to shoot the petitioner and his son. It was also alleged that respondents 1 to 3 beat the petitioner and his son with fists and after wrongfully arresting them took them to the police station. It was further alleged that these respondents prepared a false document and showed arrest of the petitioner under sections 186, 332 and 506 I.P.C.

(3.) Learned Chief Judicial Magistrate directed Station House Officer, Rajnandgaon to send a report on the complaint. Report was not received on two hearings and, therefore, learned Chief Judicial Magistrate proceeded to examine the complainant under Section 200 Cr. P.C. On the next date or hearing i.e. 12-1-1981 report with annexures was filed by Station House Officer, Police Station, Rajnandgaon. After perusing the material on record learned Chief Judicial Magistrate took cognizance of offences under sections 166, 167 and 506-B of the Indian Penal Code against respondents 1 to 3 and directed issuance of bailable warrants against them.