R K SINGH Vs. JAGARNATH BHAGAT

JUDGEMENT

(1.) AT the relevant time, petitioner No. 1, R.K. Singh, was an Inspector, and was officer in charge of Amrapara Police Station. At the same time, petitioner No. 2, Ambika Singh, was a Sub -Inspector of Police, and was posted in Dumka Town Police Station. Petitioner No. 1 sent a requisition to Dumka Town Police Station for the arrest of the opposite party, Jagarnath Bhagat. Petitioner Ambika Singh arrested him on the 2nd February, 1963, and produced him in the Court of the Sub -divisional Magistrate of Dumka on the same dale. A bail petition was filed, and, thereafter, the opposite party was released on bail. On the 5th February, 1983, he filed a petition of complaint against both the petitioners before the Sub Divisional Magistrate of Dumka. The learned Magistrate sent the matter for inquiry, and, after inquiry, the inquiring officer submitted a report that no prima facie case had been made out against the petitioners. The Sub Divisional Magistrate of Dumka, Mr. N.K. Dutta, considered this inquiry report in a long order dated the 31st January, 1964. He disagreed with the inquiring officer in the operative part of his order as follows :

(2.) I may further mention that the learned Magistrate does not appear to have been clear as to the legal position. Petitioner No. 1 could have acted under Section 55(1)(c). Petitioner No. 2 could have acted under Section 54 (ninthly) of the Code. The learned Magistrate should have considered the case against each petitioner separately in order to find out whether a prima facie case had been made out against both or any of them as having acted mala fide. His consideration of the case is, therefore, defective.