(1.) The present revision has been preferred against an order dtd. 28/8/2023 passed by the learned Chief Judicial Magistrate at Port Blair in connection with G.R. Case No. 253 of 2021 corresponding to Aberdeen Police Station case No. 72 of 2021 under Ss. 332/353/325/326/379/506 of the Indian Penal Code disposed of by the learned Chief Judicial Magistrate at Port Blair by rejecting the petitioner's prayer for further investigation for the second time.
(2.) The petitioner/alleged victim's case is that on his prayer under Sec. 156 (3) of the Code of Criminal Procedure, Aberdeen P.S. Case no. 72 of 2021 under Ss. 332/353/325/326/379/ 506 of the Indian Penal Code was started against the opposite party no. 2.
(3.) On the date of incident, the opposite party no. 2 was posted as Sub-Divisional Magistrate, South Andaman at Port Blair in the Office of the Deputy Commissioner, South Andaman, where the petitioner was posted as a Multi Tasking Staff (M.T.S.) and he had the responsibility to open and close the office by taking/giving the keys from residence of the Deputy Commissioner. On 25/5/2021 (date of incident) over an issue regarding the said work, the petitioner was allegedly abused and brutally assaulted by the opposite party no. 2, as a result, the petitioner allegedly suffered severe injuries, including a fracture in the left hand. The petitioner/alleged victim has stated that the Investigating Officer did not collect all the medical and other relevant papers from him and without conducting a free and fair investigation submitted a final report in the case leading to the discharge of the accused.
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