Complaint of ill treatment by accused-procedure to be followed by Magistrate
To conclude, there was no specific prohibition or bar in
law to take cognizance of the alleged offences on the basis of the
complaint lodged by the respondent No.2. There was also no legal
bar or prohibition on the lodging of the complaint by the respondent
No.2 and the question would only be of propriety and regularity. In
any case, the respondent No.2 has clearly acted in good faith
thinking himself to be acting in his official capacity and as per the
directions given by the Sessions Judge to whom he was subordinate.
The institution of proceedings against the applicant is not shown to
be barred under the provisions of any law. It is not that the
complaint does not disclose the ingredients of the alleged offences,
or that it is not supported by the material collected by the
respondent No.2.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
Ashok Yadavrao Chavhan
CRIMINAL APPLICATION NO. 1494 OF 2013
VERSUS
The State of Maharashtra
2. Asif Badremunir Tahsildar,
Age : 31 years, Occ : CJJD, Bhokardan,
R/o Bhokardan, Tq. Bhokardan,
Dist. Jalna.
3. Krishna Damodhar Chakke
Citation; 2014 ALLMR (cri) 654
..RESPONDENTS
CORAM : ABHAY M. THIPSAY, J.
JUDMGENT PRONOUNCED : 23rd December, 2013
