KANAK CHANDRA BAIRAGI Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THIS order shall cover civil Rule No. 168 of 1954 and Criminal Revision No. 116 of 1954. They arise out of the same transaction. The Petitioner in both cases is Kanak Chandra Bairagi. He joined Assam Police force as a constable in the year 1940. He was promoted to the post of an Assistant Sub -Inspector and was confirmed in that post with effect from 21 -1 -1950. In 1951, he was posted as an Assistant Sub -Inspector in the Amguri Police Station in the District of Sibsagar.

(2.) SHRI P. Chetia, Deputy Minister, happened to pass by the Police Station that day. He stopped his car near the Police Station and heard some one crying, He went inside. Mohan Chandra Ojha complained against the petitioner and the constables. He was then in the lock up. His complaint was that he had been beaten. The Deputy Minister sent for the doctor who examined him. He then reported the matter to the Sub -Divisional Officer.

(3.) THERE is nothing on the record to show that the Deputy Commissioner directed or suggested to the learned Magistrate to try the accused summarily. The order that was passed by the learned. Magistrate on the application of the accused for a regular trial is not very happily worded. Its language creates an erroneous impression. What the learned Magistrate meant to state was that as was the view of the District Magistrate, it was not necessary in the circumstances of the case to try the accused on the regular side.