P P PRASAD Vs. LT COMMANDER

JUDGEMENT

(1.) The petitioner initially on 5th Nov. 1998 sought to move a Criminal Revision under Section 401 read with Section 482 of the Code of Criminal Procedure challenging, inter alia, the order dated 22-9-1998 passed by the learned Sessions Judge, Andaman and Nicobar Islands at Port Blair in Revision Case No. 11 of 1998 moved against the order No. 20 dated 15-9-1998 passed by the learned Judicial Magistrate First Class (II) at Port Blair in C.R. Case No. 34 of 1995 under Section 448/323/342, I.P.C., Since I refused to entertain the said Criminal Revisional application on the ground that no second revision lies to this Hon'ble Court against an order of the learned Sessions Judge passed on a revisional application, on the prayer of Mr. B.K. Das, learned Advocate for the petitioner, the petition was allowed to be converted into a Criminal Revision under Art. 227 of the Constitution of India, and I further directed that the petitioner should be allowed to challenge the order of the learned Sessions Judge only.

(2.) Shorn off all details, the facts of the case, inter alia, and that the petitioner filed a complaint case under Section 200 of the C.P.C. before the learned Chief Judicial Magistrate, Port Blair, alleging that the accused-respondent No. 1 along with 6 other Navy personnel came to the residence of the petitioner on 29-9-1995 at about 11.30 p.m. without showing any search warrant and trespassed into the room of the petitioner and the petitioner was severely beaten by the accused-respondent No. 1. the accused respondent No. 1 thereafter showing a suit case containing certain documents which he had brought from out side and pressurised the petitioner to accept the said suitcase as his own and also compelled the petitioner to sign on a blank paper. The said accused respondent No. 1 also took Rs. 24,450/- in cash and a cheque book of the Punjab National Bank from the petitioner's house and the petitioner was forcibly taken to the Fortress Head Quarter, and was confined there in a small room of the Navy police at the said Head Quarters till 2-10-1975, and during the said illegal confinement, the petitioner was mercilessly beaten by the accused-respondent No. 1 to extort confession. Thereafter on the case date i.e. on 2-10-1995 at about 6 p.m. the accused-respondent No. 1 took the petitioner to the Officer In, charge, Pahargaon Police Station, who was the respondent No. 3, where the petitioner was detained upto 6-10-1995 and on that date at about 6 p.m. the petitioner was taken to C.C. S. Police Station at Port Blair, from where the petitioner was released with a condition that he would attend the C.C.S. Police Station every morning and evening from 7-10-1995 to 26-10-1995 and on 26-10-1995 at about 9.30 a.m. the petitioner was arrested by the C.C.S. police as per the F.I.R. lodged by the accused-respondent No. 1 on 2-10-1995 at the Pahargaon Police Station. The petitioner thereafter was produced before the learned Chief Judicial Magistrate but he was asked to remain in judicial custody till 22-11-1995 when the petitioner was granted bail. After the release, the petitioner filed a complaint in writing to the Station House Officer, Aberdeen P.S. being therespondent No. 2 stating, inter alia, that the accused-respondent No. 1 and his men had trespassed illegally into the house of the petitioner without any search warrant and petitioner was seriously tortured and wrongfully confined, as aforesaid. Thereafter the petitioner made a personal representation before the Superintendent of Police, since no action was taken on the said representation the petitioner had to file a complaint case before the learned Court of Chief Judicial Magistrate at Port Blair, which was registered as C.R. 34 of 1995.

(3.) On 9-2-1996 one Lieutenant Commander, Ranbir Singh appeared with a letter of authority as well as with an application from the Commanding Officer, with a prayer of getting charge of the petitioner and/or getting transfer of the case in terms of Section 475 of the Code of Criminal Procedure read with Section 78 of the Indian Navy Act, 1957 before the learned Chief Judicial Magistrate First Class (II) at Port Blair, which was, however, rejected by the learned Magistrate. The Commanding Officer, INS Jarawa, Port Blair then filed an application on 15-9-1998 for stay or the proceeding of the complaint case being C.R. No. 34 of 1995, inter alia, on the ground that the accused-respondent No. 1 was a Navy personnel and, therefore, liable to be tried under the Navy Act, 1957 and also prayed for transfer of the case as per the provisions of Section 475 of the Code of Criminal Procedure, which was however, allowed by the learned Judicial Magistrate Ist Class (II) who was also pleased to stay the proceeding being C.R. No. 34/1995 as referred to above, and was further pleased to pass an order that the record of the evidence of P.W. 1 be delivered to the Commanding Officer as prayed for and the accused-respondent No. 1 was also handed over to the authorised officer. The petitioner thereafter filed a Criminal Revision under Section 397 of the Code of Criminal Procedure before the learned Sessions Judge at Port Blair against the said order dated 15-9-1998 passed by the learned Judicial Magistrate Ist Class (II) at Port Blair as referred to above. And the said Criminal Revision was numbered as Criminal Revision No. 11 of 1998. The learned Sessions Judge, however, after hearing the parties and discussing the matter on merit, by his order dated 22-9-1998 was pleased to dismiss the said criminal revision application filed by the petitioner. The said order of the learned Sessions Judge is the subject matter of challenge in the present Criminal Revisional application filed by the petitioner under Art. 227 of the Constitution of India.