Pinkibasra Vs. State of Punjab and Ors.
EmailAppeal: Criminal Appeal No. 41 of 2000
(Arising out of SLP(Crl.) No.169/1999)
(Arising out of SLP(Crl.) No.169/1999)
Petitioner: Pinkibasra
Respondent: State of Punjab and Ors.
Apeal: Criminal Appeal No. 41 of 2000
(Arising out of SLP(Crl.) No.169/1999)
(Arising out of SLP(Crl.) No.169/1999)
Judges: K.T. THOMAS & M.B. SHAH, J.J.
Date of Judgment: Jan 13, 2000
Head Note:
CRIMINAL LAWS
Criminal Procedure Code, 1973
Section 200 – Complaint regarding police harrassment – Appellant listing several grievances against the high-handedness of Police – Affidavit filed by Senior Superintendent countering all allegations – Remedy. Held. Proper procedure is to make a complaint before magistrate concerned. If such complaint is filed concerned magistrate should look into the same. Petitioner also permitted to make an application to the magistrate seeking police protection.
Criminal Procedure Code, 1973
Section 200 – Complaint regarding police harrassment – Appellant listing several grievances against the high-handedness of Police – Affidavit filed by Senior Superintendent countering all allegations – Remedy. Held. Proper procedure is to make a complaint before magistrate concerned. If such complaint is filed concerned magistrate should look into the same. Petitioner also permitted to make an application to the magistrate seeking police protection.
JUDGEMENT:
ORDER
1. Leave granted.
2. Appellant has highlighted a lot of grievances against the high handedness of the police but the Senior Superintendent of police, Ludhiana in the reply affidavit has sought to counter all those allegations. In this situation all what we can do is to make the observation that it is open to the appellant to file complaint or complaints before the Magistrate concerned in which necessary allegations or accusations of the various offences com-mitted against him can be described. If any such complaint is filed before a Magistrate the same shall be looked into and the proce-dure required by law shall be resorted to by the Magistrate concerned. In order to ensure personal protection for the appell-ant we permit him to make an application before the Magistrate concerned for affording police protection to him. If the Magis-trate is satisfied that appellant must be given police protection for the effective prosecution of his case the Magistrate shall pass appropriate orders thereon.
3.With these observations and directions we dispose of this ap-peal.
1. Leave granted.
2. Appellant has highlighted a lot of grievances against the high handedness of the police but the Senior Superintendent of police, Ludhiana in the reply affidavit has sought to counter all those allegations. In this situation all what we can do is to make the observation that it is open to the appellant to file complaint or complaints before the Magistrate concerned in which necessary allegations or accusations of the various offences com-mitted against him can be described. If any such complaint is filed before a Magistrate the same shall be looked into and the proce-dure required by law shall be resorted to by the Magistrate concerned. In order to ensure personal protection for the appell-ant we permit him to make an application before the Magistrate concerned for affording police protection to him. If the Magis-trate is satisfied that appellant must be given police protection for the effective prosecution of his case the Magistrate shall pass appropriate orders thereon.
3.With these observations and directions we dispose of this ap-peal.
