SHYAM LAL SONI Vs. STATE OF M.P.

JUDGEMENT

(1.) LIBERTY is the cherished possession of any civilised society. It is the essence of life, it is also called the eldest child of life. It has been stated by Charles Baron De Montesquieu:

(2.) THE facts as have been uncurtained in the petition are that on 15.12.94 at about 3 P.M. the Respondents Nos. 4 to 8 came to the office of the Petitioner and compelled him to accompany them. The Petitioner, a Home Guard Sainik, told them that he was on duty and without permission from his senior officer he would not be in a position to accompany them. Thereafter, the raspondent No. 5, Sub Inspector or Police Station, Lordganj approached the Company Commander and informed him that C.S.P. had called the Petitioner for some enquiry. They had also told him that they had come there to arrest the Petitioner. The Petitioner was brought by the Respondents Nos. 5 to 8 to the Lordganj Police Station wherein he was detained. According to the Petitioner, the said Respondents abused him in filthy language and beat him. The Respondent No. 4, officer Incharge of Police Station, also reached there and assaulted him. As alleged, all the said Respondents asked him to give the addresses of two persons, namely, Santosh and Jagdish. The Petitioner clearly told them that he did not know their addresses but knew their mother, Smt. Durga Bai Vishwakarma, who was his father's "religious sister". When the Petitioner expressed his inability to give the addresses of Santosh and Jagdish he was earned to the so called operation room wherein he was removed off his clothes. The Respondents hand -cuffed him and applied an electric copper wire around the private parts of his body, after which he became unconscious. When he regained his consciousness he also found electric current in other parts of the body. Thereafter, as allegations proceed, the said Respondents entered a cane into his anus several times, snatched off his moustache and beat him mercylessly. In the cold December night he was compelled to remain without clothes. On the next day he was thrown in front of his office at 'Darikhana'. It is also alleged that he was compelled to sigh some blank papers. It is also stated that Respondents Nos. 4 of 8 took away cash of Rs. 780/ - and a golden ring weighing about 1/2' tola' from him. When other Sainiks, Officers and Home Guards Officer found him unconscious in 'Darikhana' they admitted him to Seth Govind Das Hospital (Victoria Hospital) in Ward No. 3. He remained hospitalized from 17.12.94 to 21.4.94. It is also putforth that he was not given proper treatment in the hospital. After he was discharged from the hospital he went to the Lordganj Police Station along with his relatives and friends to lodge a First Information Report but the Lordganj Police refused to register the complaint. Then the Petitioner made a written complaint addressing S.P. Jabalpur and sent copies to the Secretary, Home Department, Director General of Police, Collector, Jabalpur and Inspector General of Police. Inspite of such complaints being made no action was taken. The Petitioner found that he was suffering from impotency. He got himself examined by Dr. H.R. Lodh who on examination told him that proper treatment would cost him Rs. 20,000/ -. The Petitioner has also averred that he has spent Rs. 3,000/ - in medical expenses. In this factual backdrop the Petitioner has visited this Court with a prayer for issuance of direction to C.S.P. to conduct enquiry and further direct the Respondents Nos. 1 to 3 to prosecute Respondents Nos. 4 to 8 for committing offences punishable under Section 330, 342, 343, 323, 324, 345, 247 and 506 -II of the Indian Penal Code and to grant compensation of Rs. 2, 00,000/ - (two lacs) to him.

(3.) A return has been filed by the Respondent No. 4, Shri Y.P. Singh, who has denied to have gone to call the Petitioner from his office. He has also denied to have participated in the abuse and assault. He has also putforth that he had never interrogated the Petitioner. He has also pointed out that in Victoria Hospital the Petitioner was treated only for bruises and abrasions. It is also highlighted by him that the matter has been investigated by the Additional S.P., who has submitted a report on 16.12.95 in which he had found that no crime has been committed by the Respondent No. 6. The said Respondent has putforth that the Challan has been filed by the Police against the answering Respondent before the C.J.11., Jabalpur forming the subject matter of Criminal Case No. 3884/97.