Complaint of ill treatment by accused-procedure to be follow


 

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 
 
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