NIRMAL KUMAR NAYAK Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure, 1973, hereinafter referred to as the "Code" for brevity. The petitioner being the accused in Barbil P.S. Case No.201 of 2015 registered for commission of offence under Section 354-B of the I.P.C. is knocking the door of the Court stating that there has been violation of the provisions of Sections 57 and 157 of the Code as he has not been produced before the learned Magistrate having jurisdiction within 24 hours of his arrest and therefore he is suffering.

(2.) It is stated that the petitioner is a Gynecologist of repute and at present posted as District Malaria Officer in District Headquarters Hospital, Keonjhar. On 18.10.2015 at 5.30 P.M. one Tolottama Das lodged a written report before the I.I.C., Barbil Police Station that on the same day she has come to the Government Hospital for termination of her pregnancy, but she found that the lady doctor was absent. Her husband, the present petitioner has examined her and administered some drugs in her private part and while she was lying in bed he forcibly pressed her breasts and tried to drag her somewhere and tried to open the wearing apparels towards upper side with a mala fide intention. Then the informant raised hullah and her husband and sister-in-law rushed to the spot. On such allegation the present F.I.R. has been lodged by the informant and accordingly a case has been registered under Section 354-B of the I.P.C. and the F.I.R. has been forwarded to the learned J.M.F.C., Barbil and has been registered as G.R. Case No.659 of 2015.

(3.) It is apparent from the records that the Investigating Officer has arrested the petitioner on 19.10.2015. Then he has been produced before the Medical Officer, C.H.C., Barbil for medical check up by the escort party before forwarding to the nearest Magistrate i.e. before the J.M.F.C., Barbil. After examination of the petitioner, the I.I.C. again took him to the District Headquarters Hospital, Keonjhar as the accused was complaining chest pain. Then the doctor has sent an intimation that the petitioner was found to be hypertensive with chest pain with high blood pressure. Then the doctor has referred the petitioner to S.C.B. Medical College, Cuttack on 21.10.2015 for further evaluation of the diseases detected by him. Then the escort party has taken the petitioner to the S.C.B. Medical, Cuttack for further treatment. The petitioner was admitted to the Department of Orthopedic through casualty. It is alleged that the I.I.C., Barbil Police Station has acted beyond the provision of law prescribed under the statute of the Code of Criminal Procedure.