DEVASIKAMANI MUDALIAR Vs. NARAYANA PRASAD

JUDGEMENT

(1.) Serious allegations have been made against the accused who is a Head Constable. If the complaint is true, the accused abused his official position in order to benefit his mother who had dealings with the sowcar and also to benefit himself.

(2.) The complainant should have been given every facility to prove his allegations. He mentioned that he had witnesses but none of them was examined.

(3.) It has been held that complaints against Police Officer should be handled with the greatest care. See Shama V/s. Ejaz Ahmad [1920] 18 A.L.J. 731, Harihar Prasad V/s. Emperor [1920] 21 Cr. L.J. 343 Apart from the Magistrate's order being legal or illegal, the question relates to the propriety of the exercise of his discretion under Secs.202 and 203, Cr.P.C.