MAHESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, the erstwhile Officer Incharge, Lauriya P.S. in the district of West Champaran and presently the Officer Incharge, Tariyani P.S. in the district of Sheohar, who along with another police official and 15 -20 unknown policemen has been arrayed as accused in Complaint Case No. 733(C) of 2004, has prayed for the quashing of the order dated 4.2.2006 passed therein by Sri R.C. Malviya, Judicial Magistrate, First Class, Bettiah, whereby he has taken cognizance under Sections 323, 504 and 427 I.P.C. against the petitioner and the other named police official.

(2.) THE complainant, one Abdullah Mian, impleaded as O.P. No. 2 herein, filed the said complaint on 2.4.2004 alleging commission of offences under Sections 147, 148, 149, 323, 354, 342, and 379 I.P.C. at the hands of the accused at around 6 P.M. on 31.3.2004 at the residence of the complainant at village Kateya within Lauriya P.S. It is alleged that all the accused variously armed with revolvers and rifles arrived at the residence of the complainant and started enquiring about the Maruti van, bearing registration No. DDV -2083, kept parked in front of the house of Halama Khatoon and when he was told by the villagers and witnesses of the said vehicle belonging to one Amanullah of Dubaulia accused No. 1 discarded the explanation and claimed the vehicle to be a stolen one. It is further alleged that in the meanwhile when the complainant's son, Imtiyaz Ahmad, employed in the Airforce, introducing himself, sought to instill the fact of the vehicle not being a stolen one, accused No. 1, allegedly flew into a rage and lambasted Imtiyaz in abject foul language which when objected to by Imtiyaz and his brother, Md. Majibullah, accused No. 1 started assaulting Imtiyaz with slaps and fists and butt of the rifle even as accused No. 2 exhorted the policemen into action. The policemen allegedly swung into action and started assaulting Imtiyaz and Majibullah with kicks, lists and rifle butts and felled them to the ground and when witness Nos. 3 and 4 rushed to their rescue, they too were assaulted mercilessly and dashed to the ground by catching hold of their hair. Accused No. 1 is also alleged to have torn and snatched the saris of witness Nos. 3 and 4. It is alleged further that the villagers remained passive onlookers even as accused No. 1 illegally taking Imtiyaz and Majibullah into custody drove away in the jeep. It is also alleged that while departing accused No. 1 took away a goat worth Rs. 1200/ - from the house of the complainant. The further allegation is that Imtiyaz and Majibullah were also assaulted at the police station where they had been removed.

(3.) IT was further submitted by the learned Counsel for the petitioner that since the petitioner had arrested Imitiaz Ahmad and Majibullah Ahmad for obstructing him in due discharge of his official duty, he was protected under Section 197(1)(b) Cr.P.C. and the taking of cognizance without the sanction order was an apparent abuse of the process of the court.