PRATIBHA SINHA Vs. STATE OF BIHAR & ANR.

JUDGEMENT

(1.) BEING aggrieved by order dated 30-1-1993 issuing processes against the petitioner, the present application has been filed impugning the said order.

(2.) THE matter arises in this way. O P. No. 2, the complainant filed a petition before the Court of Chief Judicial Magistrate, Patna on 15-6-1992 alleging, inter alia, that on 26-5-1992 at 2 p. m. the petitioner who is officer-in-charge Manila Koshang at Kotwati P S along with some armed constables forcibly, entered into his house at Sabzibagh. The complainant and his brother were arrested even without disclosing the reason for such arrest. The complainant is a practising Advocate and he requested the petitioner to disclose the cause for such arrest but the petitioner did not disclose the same. When the complainant objected for such action, the petitioner caught hold of his collar and gave him repeated jolt and thereafter handcuffed the complainant and his brother. The complainant told the petitioner that he is the practising Advocate and as such he should not be handcuffed but all his requests were turned down and it is said the petitioner commented 'AISE AISE ADHIVAKTAON KO BAHUT DEKHA HAI". The petitioner ultimately brought the complainant and his brother on foot with handcuffed to Pirbahore P. S. where the complainant was told by the petitioner for the first time that they were arrested and brought to Pirbahore Police Station in connection with Pirbahore P. S. Case No. 130/92. Both of them were confined at the Police Station for about an hour.

(3.) THE complainant was examined on 16-6-1992 and on 18-6-1992 C.W.I. Abdul Manahar Zahidi was examined. On 26-6-1992, argument on the point of sanction was heard and 5-7-1992 was fixed for order but the case was posted on 6-7-1992 and without passing any order on the point of sanc­tion, the court below on 6-7-1992 transferred the case to the court of the learned Judicial Magistrate, 1st Class for enquiry and disposal.