EMPEROR Vs. JAFINAN

JUDGEMENT

(1.) The petitioner applies for revision of the order passed by the Presidency Magistrate, Third Court, discharging the notice and dismissing the complaint brought by the petitioner against the opponent Sergeant Finan charging him with the offences under Secs.383 and 342 of the Indian Penal Code.

(2.) It appears that, on October 26, 1930, the petitioner went to the Esplanade Maiden to witness the national flag salutation ceremony, and resisted the endeavors of the police-officers who tried to snatch the national flag in her hand, whereupon the petitioner along with thirteen others was made to sit in a police motor van, and it is alleged was made to get down at a lonely place between Ghatkopar and Bhandup in spite of her repeated protests either to take her to jail or back to Bombay.

(3.) She filed a complaint before the learned Magistrate without mentioning the name of the Sergeant, The learned Magistrate issued a notice, and the Police Commissioner on December 10,1930, furnished the name of the accused as Sergeant Finan. On December 12, the Commissioner sent a letter stating that the accused had acted under his orders. On January 15, 1931, when the case was called on, the accused appeared in person and did not dispute the correctness of the statements made by the complainant. When questioned by the Magistrate whether he had anything to say, he replied that under the Commissioner's order he took the women to Ghatkoper Road.