Judgement

PATHAK, CJI. :- Special leave is granted.

2. The respondent Major S. K. Sharma addressed a letter dated 21st December, 1985 to Brigadier S. S. Randhawa, Commander. HQ 41 Sub Area alleging that on 15th December, 1985 he was manhandled by Col. Mir Usman Ali in the HQ 41 Sub Area Officers Mess at Jorhat. It was stated that the incident took place in the presence of Major M. N. Subbaiah. Major Sharma was attached to B Camp. Signal Regiment while Col. Ali belonged to HQ 41 Sub Area. Brigadier Randhawa wrote to the Officer Commanding, B Camp. Signal Regiment on 14th January, 1986 seeking clarification from Major Sharma on some of the allegations. It appears that correspondence was exchanged in the matter but apparently Major Sharma, having met with no satisfactory response, filed a complaint on 21st January, 1986 in the Court of the Additional Chief Judicial Magistrate, Jorhat alleging that Col. Ali had criminally assaulted him and further that Brigadier Randhawa did not report the matter to the higher authorities and was attempting to protect Col. Ali. It was alleged in the complaint that Col. Ali had committed the offences under Ss. 323, 352 and 355 of the Indian Penal Code and