2010 (5) TMI 941

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....e Civil Judge (JD) and Judicial Magistrate, First Class, Bayana, District Bharatpur against the petitioner and others for offences under Sections 148, 323, 149, 324, and 307 IPC with regard to the fact that his son, Manoj Kumar, was brutally assaulted by the petitioners and by the other co-accused persons. After investigation, the police submitted a negative Final Report. However, the complainant submitted a protest petition and he and his three witnesses were examined under Sections 200 and 202 Cr.P.C. Vide order dated 05.06.2002, considering the fact that offence under Section 307  IPC was not made out, the learned trial Court took cognizance for offences under Sections 148, 323, 149, 324 and 308 IPC. In a detailed order, the lear....

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....Constitution of India. In order to buttress his contention, the learned counsel has relied upon the case of Inder Mohan Goswami & Anr. V/s. State of  Uttaranchal & Ors. [2008 Cr.L.R. (SC) 574]. Mr. Javed Chaudhary, the learned Pubic Prosecutor, has contended that the petitioners are police personnels. Therefore, they are supposed to uphold the law and not to violate it. In order to wreck personal vengeance on the complainant's son, Manoj Kumar, they not only intercepted him, but also dragged him into the police station, and allegedly brutally assaulted him along with other co-accused persons. Since the very upholders of law were violating the law, since such an action undermines the faith of the people, a serious view had to be ....

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....to violate it, the allegations levelled against them of having dragged and having assaulted the complainant's son in the precincts of the police station are grave allegations. Such an alleged action on the part of the police personnels not only undermines the faith of the people in the police administration, but also induces the people to speak against the State authorities. Considering the allegations made against the police authorities, the learned trial Court was certainly justified in issuing non-bailable warrant against the petitioners. The fact that the Police Department has been protecting its own personnels is apparent on the face of the record as despite the lapse of eight long years, the warrant of arrest is yet to be executed....