Case Note & Summary
The applicant, a police officer (PSI), filed a criminal application under Article 227 of the Constitution of India and inherent powers of the High Court seeking quashing of a complaint filed by respondent No.2, a judicial officer (JMFC), and the order dated 27.12.2012 issuing process against him and another police officer for offences under Sections 323, 324, 325 read with 34 IPC. The background involves an accused, Krishna Chakke, arrested under the Maharashtra Prohibition Act, who was produced before respondent No.2 for police custody remand on 08.11.2012. During the remand proceedings, the accused cried loudly and complained that seven to eight policemen, including the applicant, had beaten him with sticks after arrest, causing a broken tooth and injuries on neck, thigh, and face. The judicial officer noted injuries and later filed a complaint in his own court. The High Court examined the legality of the complaint and the process order. The court held that the judicial officer, by filing a complaint in his own court, acted improperly and the complaint was an abuse of the process of court. The court found no prima facie case against the applicant and quashed the complaint and the order issuing process. The decision was in favor of the applicant (accused).
Headnote
A) Criminal Procedure - Quashing of Complaint - Abuse of Process - The High Court quashed a complaint filed by a judicial officer against a police officer for alleged assault on an accused, holding that the complaint was an abuse of the process of court and the order issuing process was unsustainable. (Paras 1-10)
B) Judicial Officer - Complaint by - Propriety - The court observed that a judicial officer should not file a complaint in his own court for an offence alleged to have been committed against an accused produced before him, as it compromises judicial impartiality. (Paras 2-5)
C) Indian Penal Code, 1860 - Sections 323, 324, 325, 34 - Assault - The complaint alleged offences of voluntarily causing hurt, grievous hurt, and hurt by dangerous weapons against police officers for beating an accused. The court found no prima facie case and quashed the process. (Paras 3-8)
Issue of Consideration
Whether the complaint filed by a judicial officer against a police officer for assault on an accused and the order issuing process can be quashed under Article 227 of the Constitution of India and inherent powers of the High Court.
Final Decision
The High Court allowed the criminal application and quashed the complaint and the order dated 27.12.2012 issuing process against the applicant.
Law Points
- Article 227 of the Constitution of India
- inherent powers
- quashing of complaint
- abuse of process of court
- judicial officer as complainant
- police custody remand
- injuries on accused
Case Details
2013 LawText (BOM) (12) 23
Criminal Application No. 1494 of 2013
Mr. J.J. Patil for Applicant, Mr. G.R. Ingole APP for Respondent No.1
The State of Maharashtra, Asif Badremunir Tahsildar, Krishna Damodhar Chakke
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal application under Article 227 of the Constitution of India and inherent powers for quashing of complaint and order issuing process.
Remedy Sought
Quashing of complaint filed by respondent No.2 (judicial officer) and order dated 27.12.2012 issuing process against the applicant for offences under Sections 323, 324, 325 read with 34 IPC.
Filing Reason
The applicant, a police officer, was aggrieved by the filing of a complaint by a judicial officer and the order issuing process, alleging that the complaint was an abuse of the process of court.
Previous Decisions
The learned Judicial Magistrate, First Class, Bhokardan, passed order dated 27.12.2012 issuing process against the applicant and another accused.
Issues
Whether the complaint filed by a judicial officer against a police officer for alleged assault on an accused is maintainable and whether the order issuing process can be quashed.
Submissions/Arguments
The applicant argued that the complaint was an abuse of the process of court and that the judicial officer should not have filed a complaint in his own court.
The respondent No.2 (judicial officer) contended that the complaint was justified as the accused had injuries and the police had beaten him.
Ratio Decidendi
A judicial officer should not file a complaint in his own court for an offence alleged to have been committed against an accused produced before him, as it compromises judicial impartiality and amounts to an abuse of the process of court.
Judgment Excerpts
The applicant – a policeman – is aggrieved by the filing of a compliant against him and another – one K.H. Sapkal – (also a policeman) by the respondent No.2 herein – who is a judicial officer, and the order dated 27.12.2012 passed thereon by the learned Judicial Magistrate, First Class, Bhokardan, issuing process requiring the applicant and the said other accused to appear and answer to the charge of offences punishable under section 325 of the Indian Penal Code (IPC), section 324 of IPC, section 323 of IPC read with section 34 of IPC.
Procedural History
The complaint was filed by respondent No.2 (judicial officer) in his own court. The learned JMFC, Bhokardan, passed order dated 27.12.2012 issuing process against the applicant and another accused. The applicant then filed Criminal Application No. 1494 of 2013 under Article 227 of the Constitution of India and inherent powers before the Bombay High Court, Bench at Aurangabad, seeking quashing of the complaint and the order. The High Court reserved judgment on 25.10.2013 and pronounced it on 23.12.2013.
Acts & Sections
- Indian Penal Code, 1860: 323, 324, 325, 34
- Constitution of India: Article 227
