RAJEEV RANJAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner, who is the Police Officer, has filed this application for quashing of the order taking cognizance dated 24/08/2004 for the offence under Suctions 323, 355 and 504 IPC as well as the entire criminal prosecution against him.

(2.) THE facts, in short, are that a complaint petition was filed in the Court of the Chief Judicial Magistrate, Palamau by O.P No. 2 Sudhir Kumar Choubey against the petitioner alleging therein that the complainant was an Advocate of Daltonganj whereas the accused/petitioner was the Officer -in -Charge of G.R.P., Garhwa Road. The accused knowing fully well that the complainant was an Advocate, arrested him on 28/04/2004 at Rehla Bazar Chowk and brought him under handcuff to G.R.P., Garhwa, where he was assaulted, abused and insulted by the accused/petitioner. On the basis of the said allegations, it was prayed by the complainant to take cognizance against the accused for the offence under Sections 323, 355, 504, 352 and 506 IPC. The learned court below, after making enquiry under Section 202 Cr.P.C. took cognizance of the offence under Sections 323, 355 and 504 IPC against the accused/petitioner. It is submitted on behalf of the petitioner, that the complainant has filed the complaint case as a personal vendetta. The petitioner being the Officer -in -Charge of Rail Police Station, Garhwa Road, arrested the complainant Sudhir Kumar Choubey on 28/04/2004 on the basis of the F.I.R. lodged by one Ashok Kumar Gupta under Section 341, 323, 379, 307 IPC as he was a named accused in the said case and the charge sheet was already submitted against him but he was evading his arrest in that case. Hence, the petitioner being a police officer arrested him for which he was empowered under the law. The petitioner has denied the allegations made in the complaint petition that he in any way misbehaved with the complainant or assaulted and abused him and brought him to the police station by handcuffing him.

(3.) IN support of such submission, the learned Counsel for the petitioner relied on a decision of the Supreme Court in the case of Anjani Kumar v. State of Bihar and Anr., reported in 2008 (3) Eastern Criminal Cases 26 (SC)'.