MOHIRUDDIN SHAIK Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application under Section 482 read with Section 397 and 401 of the Code of Criminal Procedure, 1973 has been filed by petitioner Mohiruddin Shaik against the State of West Bengal and Jibon Mishra, Sub-Inspector of Police, Bhagabangola Police Station, District Murshidabad, as Opposite Party Nos. 1 and 2 respectively challenging legality, propriety and correctness of the impugned order dated 20.1.2014 passed by learned Additional Chief Judicial Magistrate at Lalbagh, Murshidabad in C.R. No. 92 of 2013 with prayer for setting aside the impugned order. At the time of hearing no one appeared to represent the opposite parties. Since this is a criminal revisional application, the application has been heard in presence of learned Advocate for the petitioner only for disposal of the case on merits.

(2.) The petitioner has filed this revisional application stating inter alia that Opposite Party No. 2 is a Police Officer and that he along with three constables restrained the petitioner on 20.11.2012 at about 4:05 p.m. near P.W.D. Road crossing on the way of petitioner and one Mr. Golam Haider while they were returning home from Orahar riding on a motor cycle of Mr. Golam Haider. Said police personnels stopped the motor cycle while on motion as a result of which both the petitioner and Mr. Golam Haider fell down and received injuries. At that time police perosnnels assaulted them with fists, sticks, blows and slaps illegally and took custody of the Registration Certificate of the vehicle and Driving Licence of Mr. Golam Haider. Police personnels also demanded bribe. Petitioner and Mr. Golam Haider were taken to Bhagabangola Police Station and detained them up to 8 p.m. on 20.11.2012 and thereafter, handed over a seizure list in connection with allegations under Sections 177/192 (2) M.V. Act showing seizure of registration certificate of the vehicle and the driving licence of Mr. Golam Haider. Said documents were not retuned to Mr. Golam Haider on demand but for returning the same the opposite party No. 2 again demanded bribe. The petitioner complained before superintendent of police, Murshidabad and also before Sub-Divisional Police Officer, Domkal, Murshidabad making allegations of the said facts but no action was taken.

(3.) Thereafter, the petitioner lodged a written complaint on 4.3.2013 in the Court of learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad with a prayer for sending the same under Section 156 (3) of the Code of Criminal Procedure, 1973 with a direction upon the superintendent of police, Murshidabad for holding investigation. Learned Magistrate, instead of sending the complaint under Section 156 (3) of the Code of Criminal Procedure, took cognizance under Section 190 (1) (a) of the Code of Criminal Procedure, 1973. He examined two witnesses under Section 200 of the Code of Criminal Procedure. Thereafter, on his direction, SubDivisional Police Officer of Lalbagh Murshidabad held investigation about the matter and submitted report before the learned Additional Chief Judicial Magistrate, Lalbagh. After receiving the report learned Additional Chief Judicial Magistrate observed that the policemen against whom the complaint was made were on their official duty on the date of incident and they were acting in discharge of their official duty and hence, sanction of the State Government was necessary before taking cognizance of the offences as per the provisions of Section 197 of the Code of Criminal Procedure passing the impugned order dated 20.1.2014. In that order learned Magistrate has dismissed the complaint under Section 203 of the Code of Criminal Procedure. Said order has been challenged in this revisional application.