SURYAVEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant miscellaneous petition has been preferred by the petitioner against the order dated 14.10.2009 passed by the learned Additional Sessions Judge No.2, Chittorgarh in Criminal Revision No. 82/2009 (96/2008), affirming the order dated 12.9.2006 passed by the Judicial Magistrate, First Class. Kapasan rejecting the petitioner's application under Section 197 Cr.P.C.

(2.) Succinctly stated the facts of the case are that the respondent No. 2 Mangi Lal filed a complaint on 30.4.2004 in the Court of the learned Judicial Magistrate, First Class, Kapasan for the offences under Sections 323, 504 and 506 IPC. It was alleged in the complaint that on 13.4.2002, a quarrel took place between Ganga Ram and Bhanwar Lal in the village. The Complainant tried to intervene and stop the quarrel. The police officers of Police Station, Kapasan came on the spot and detained the complainant, Ganga Ram, Bhanwar Lal and few others, who were thereafter taken to the Police Station. It is stated that the petitioner was the Station House Officer at the relevant time and when the complainant was brought to the police station, the amount of Rs. 3000/- which was lying in his pocket, was removed by the policemen. It is further the case of the complainant that he as well as the other persons were illegally detained in the police lockup and were assaulted and abuse by the police officers.

(3.) The learned Magistrate recorded the statements of the complainant and his witnesses under Sections 200 and 202 Cr.P.C. and thereafter proceeded to issue process against the petitioner for the offences under Sections 323 and 504 IPC.