R P SHARMA Vs. MAN MOHAN MATHUR

JUDGEMENT

(1.) The petitioner is the Superin tendent of Police, Kalahandi, Bhawanipatna and he has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'the Code') for quashing the order dated 30-10-1992 taking cognizance as also the entire criminal proceeding in I.C.C. No. 61 of 1992 on the file of the S.D.J.M., Bhawanipatna in which the order taking cognizance was passed. #

(2.) The opposite party no. 1 Sri Man Mohan Mathur is a member of the Rajya Sabha and he filed the aforesaid complaint case against the petitioner alleging that on 19-10-1992 at about 8. a.m. while he along with one Shri Bhupinder Singh and others were discussing about the star vation death in the district of Kalahandi with Shri J. B. Patnaik, the P.C.C. (I) President, some police officials came and took away Shri Singh after arresting him. Having failed in his attempt to contact the petitioner over phone to know the reason of the arrest of Shri Singh, the opposite party No. 1 went to Bhawanipatna police station, but no police official could tell the reason for the arrest. So while he was coming out of the police station the police officials did not permit him to go outside. It was also alleged that at about 3.30 p.m. the petitioner came to the police station in a violent mood and when opposite party no. 1 wanted to know the cause of the arrest of Shri Singh the petitioner became furious and defamed him by saying"Sala Haramkhor Netagiri Dekhata Ho ? Yada M. P. Giri Karnese Hat, Pyer Tod Denge, Sale Ko Under Dal Do". It was further alleged that on account of use of such unparliamentary words there was altercation be tween the parties and in course of the same the petitioner gave a push to the chest of the opposite party No. 1 and after he fell down on the ground the petitioner gave a kick blow by his shoe causing injury on his back and bleeding injuries on his left Knee. The petitioner was also threat ened with dire consequences in the event of his approaching any forum for such occurrence. The initial statement of opposite party no. 1 was re corded on the next day i.e. 20-10-92 and, by the impugned order, the learned S.D.J.M. took cog nizance of the offences U/s. 294, 323, 342, and 506 I.P.C. holding that no sanction of the State Government U/s. 197 of the Code was required and adjourned the case to 3-12-1992 for enquiry U/s. 202 of the Code with direction to the oppo site party No. 1 to produce his witnesses on that day. #

(3.) It is stated in the instant petition, inter alia, that for an incident that took place on 4-10-1992 in which many policemen sustained severe bleed ing injuries two cases were registered at Bhawanipatna Police Station; the first being P.S. Case No. 173 U/s. 147, 148, 294, 506, 336, 355, 332 read with Section 149 I.P.C. and also U/s. 7 of the Criminal Law Amendment Act and P.S. Case No. 174 U/s. 147, 148, 332, 436, 2.94, 333, 355, 337, 506, read with Section 149, I.P.C. and also U/s. 27 of the Arms Act. In course of investiga tion, the witnesses implicated the opposite party no. 1 as well as Shri Singh in those cases only on 17-10-1992 necessitating their arrest. On 19-10 -1992 at 9.20 a.m. the Circle Inspector of Police arrested opposite party no. 1 as well as Shri Singh and requested them to go to the police station in the police vehicle but they refused and as desired by them as well as their supporters they had to be brought on foot after being handcuffed and roped. It is also stated that after being brought to the police station, the Dy. Supdt. of Police (Accts) who was investigating into the case requested opposite party No. 1 and Shri Singh to go to the court but they declined and as such, the investi gating officer brought this fact to the notice of the Magistrate in writing through the Addl. Public Prosecutor, Kalahandi, Bhawanipatna at 1.30. p.m. after noting such fact in Bhawanipatna town P.S. Station Diary entry no. 608 dt. 19-10-1992. It is further stated that since opposite party no. 1 was arrested in connection with P.S. Case No. 174 on 4-10-1992, a wireless telegraph message was sent to the Secretary General, Rajya Sabha, South Block, New Delhi at 1 p.m. intimating such arrest and the said message was received by the addressee at 3.20 p.m. on the very same day. It is also stated that the opposite party No. 1 did not complain before the S.D.J.M. about the al leged misbehaviour and assault by the petitioner when he was first produced before him that the opinion of the medical officer examining the opposite party No. 1 was conflicting with his assertions and there was delay in filing the com plaint petition.