SRIKANTA KUMAR PANDA Vs. SARATULLA KHAN

JUDGEMENT

(1.) The petitioner, a police officer, by filing the present Criminal Misc. case under S. 482, Cr. P.C. has invoked the inherent power of this Court to quash the criminal proceeding in ICC No. 35 of 1982 pending against him in the Court of the Judicial Magistrate, First Class, Banpur.

(2.) The complainant (hereinafter referred to as the 'opposite party') in the aforesaid Complaint Case is a driver of a Matador vehicle bearing registration No. ODI 2598. It is alleged that on 10-9-1982 while he was returning from Banpur Court, the Sub-Inspector of Banpur P.S. asked him to come to the police station with the said vehicle. Accordingly he came to the police station where the officer-in-charge seized the vehicle and detained him. On the next day the petitioner who was also a Police Sub-Inspector of that police station assaulted and threatened him to make a confessional statement that on 19-8-1982 one Ajay Pradhan was carrying illicit teak wood in his Matador Van. When he refused to give such statement, it is alleged, the petitioner gave him two blows with a roll stick, caught hold of his soft of hair and asked the Constable to give electric shock. Being frightened he gave statement which was not recorded in a tape recorder. On the plea of attending call of nature the opposite party escaped from the police station, got himself medically examined and then filed the complaint. Learned Magistrate having held inquiry under Section 202, Cr. P.C. was satisfied that there was prima facie case against the petitioner under Sections 323, 342, 330 and 348, IPC and consequently took cognizance and issued process for his appearance.

(3.) The case of the petitioner is that the opposite party was so accused in Banpur P.S. Case No. 171 of 1982 under Sections 411, 453, 323, 278 and 337 IPC and Section 27 of the Orissa Forest Act. On 10-9-1982 at about noon. Sub-Inspector Shri Bahera finding the opposite party near the Court premises with the vehicle involved in the case asked him to produce the said vehicle in the police station. Accordingly the complainant brought the vehicle to the police station thereupon the same was seized and subsequently released in favour of its owner, on his furnishing necessary (sic) since the opposite party was involved in a case, he was arrested on 12-9-1982 and was released on bail.