MALUKA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and the learned Public Prosecutor for the State and nobody appears on behalf of non -petitioner No. 2.

(2.) IN complaint case No. 5/87, Shri Ram v. Maluka Ram the learned Judicial magistrate took cognizance of the offences under Sections 323 and 452 of the Indian Penal Code and after holding an enquiry under Sections 200 and 202 of the Criminal Procedure Code issued process against the petitioner vide order dated 27th July, 1988.

(3.) I have carefully considered the submission made by learned Counsel for the petitioner under Section 482 of the Criminal Procedure Code. According to the learned lower Court on 11th June, 1987 Shri Ram non -petitioner No. 2 submitted a complaint in the Court of learned Judicial Magistrate, District Jodhpur. In the complaint he had alleged that on 21st March, 1987 Maluka Ram who was then posted as A.S.I. at Police Station Luni, district Jodhpur entered the house of the complainant's uncle merely on the ground of suspicion and arrested him, at the same time demanded Rs. 5,000/ - as consideration for releasing him from the custody. It was also alleged in the complaint that the complainant pleaded innocence before Maluka Ram and thereafter, Maluka Ram beat the complainant with stick and belt and took him to the Police Station, Luni. At Luni Police Station also the complainant was beaten by Maluka Ram in presence of several persons. On the next day i.e., on 22nd March, 1987 the complainant was medically examined. He was ultimately released under the orders dated 10th June, 1987 passed by this Court. It was also stated in the complaint filed by Shri Ram that he has sent complaint about the aforesaid incident to the Superintendent of Police, Jodhpur. In the complaint offence under Section 323 and 452 of the Indian Penal Code were alleged. After the receipt of the complaint the learned Judicial Magistrate registered the complaint vide order dated 24th June, 1987 and fixed 8th July, 1987 for the statement of the complainant. It appears that from 8th July, 1987 to 27th July, 1988 the enquiry under Sections 200 and 202 of the Criminal Procedure Code remained pending before the learned Magistrate.