SUNIL PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, who was complainant in Complaint Case No.352C of 2000, has approached this Court, while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure for the following reliefs :

(2.) Short fact of the case is that the petitioner filed a complaint in the court of Chief Judicial Magistrate, Patna alleging therein that brother of the complainant namely Amar Paswan was illegally arrested by opposite party nos.2 and 3, who were police officials of the Kankarbagh Police Station. It was alleged that on 25th February,2000 in the night without any search warrant the police had conducted raid and arrested the brother of the complainant. Thereafter, the petitioner wanted to verify the position. However, on 27.2.2000, he came to know that his brother was made accused in a case relating to dacoity as well as case relating to Arms Act and Explosive Substance Act. The petitioner learnt that the brother of the petitioner was made accused in two cases. It was alleged in the complaint petition that while in the night, raid was conducted, the family members as well as complainant were abused by the police officials. On the aforesaid allegation after filing of the complaint petition, the complainant was examined on S.A. and witnesses were examined in support of the complaint case and thereafter, the learned Magistrate, by its order dated 2.6.2000, though satisfied with the prima facie case, refused to take cognizance of offence in absence of prosecution sanction. The petitioner thereafter, approached this Court, by filing a criminal writ petition, which was numbered as Cr.W.J.C. No.446 of 2000. Subsequently, criminal writ petition was converted to a quashing application under Section 482 of the Code of Criminal Procedure and it was numbered as Cr. Misc. No.28379 of 2000, which is the present case. In the present petition, the petitioner has not at all challenged the order of refusing to take cognizance passed by the learned Magistrate. In some and substance, prayer has been made to direct the learned Magistrate to take cognizance of the offences. In the present case, the other part of story is that in between 7-8 P.M. on 25.2.2000 in a house in Kankarbagh, a dacoity was being committed. In the meanwhile, police got information and rushed to the place of occurrence and at the place of occurrence, two accused persons were arrested, amongst them, one was brother of the petitioner namely Amar Kumar Paswan. However, other accused persons fled away from the place of occurrence. On search, arms and ammunitions were recovered from the possession of the petitioner with some looted articles. Accordingly, an F.I.R. vide Kadamkuan (Kankarbagh) P.S. Case No.121 of 2000 and Kadamkuan (Kankarbagh) P.S. Case No.122 of 2000 were registered. The brother of the petitioner was identified by number of the witness of the case and thereafter, instead of producing the brother of the petitioner immediately, some delay had occurred and on 27.2.2000, he was produced before the learned Magistrate. In this case, earlier Lower Court Record was called for and same is lying with the record of the present case.

(3.) I have perused the Lower Court Record also. It appears from the Lower Court Record that on 27.2.2000, the brother of the complainant was produced before the learned Magistrate. It also appears from the order sheet that no complaint was made by the brother of the complainant before the Magistrate regarding ill treatment by police that was noticed in the order passed by the learned Magistrate, while the brother of the petitioner was produced before the learned Magistrate and thereafter, the brother of the petitioner, namely, Amar Kumar Paswan was remanded to custody.