IMPORTANT POINT
Acts of hurt, insult and criminal intimidation cannot be said to be part of official duty of a Police Officer.

JUDGMENT :

ABHAY S. OKA, J.

1. Leave granted. We have heard the learned counsel appearing for the appellant and the learned counsel appearing for the private respondents as well as for the State.

FACTUAL ASPECTS

2. The appellant filed a complaint under Section 200 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) in the Court of the learned Judicial Magistrate (First Class) at Anuppur. Cognizance of the offences punishable under Sections 147, 323, 342, 504 and 506B of the Indian Penal Code, 1860 (for short ‘IPC’) was taken by the learned Judicial Magistrate on the basis of the complaint.

3. The original appellant was the complainant. The appellant (1.1) - Dr. Mushtaq Mansoori is the son of the original appellant. Dr. Mushtaq was married to one Mehjabi Anjum. On the basis of a complaint filed by Mehjabi on 18th January 2000, a First Information Report (F.I.R.) was registered by Mahila Police Station, Jabalpur against the appellant and their family members for the offences punishable under Section 498A, and Section 506 read with Section 34 of IPC as well as Section 3 read with Section 4 of the Dowry Prohibition Act, 1964.

4. The allegation in the complaint filed by the original appellant is that on 6th July 2000, the first respondent - Smt. Surekha Parmar, the then Asst. Sub-Inspector (ASI) of the Mahila Police Station, Jabalpur along with other police personnel shown as accused in the complaint came to Anuppur to arrest the appellant and his family members. It is pointed out that the appellant and his family members were staying within the jurisdiction of Anuppur Police Station. The first respondent entered the jurisdiction of another Police Station to arrest the appellant and his family members.

5. The case made out in the complaint is that on 7th July 2000 at about 05:30 a.m. the first respondent and other police personnel entered the house of the appellant in Anuppur. The first respondent along with others started abusing and beating the original appellant with kicks and fists. He was dragged out of his room by holding his hair. The first respondent and other police personnel assaulted the appellant (1.1) with kicks, fists and dandas. It is alleged that due to the injuries sustained by him, the appellant (1.1) fell down. At that time, the first respondent snatched a gold chain weighing about one and a half tolas worn by the appellant (1.1). The other police personnel dragged the younger brother of the appellant (1.1) to the original appellant’s room and while doing so, hurled filthy abuses at him. He was assaulted by the other police personnel accompanying the first respondent. Thereafter, by showing a pistol, the first respondent and co-accused Laxmi took out cash amount of Rs. 15,000/- from almirah along with four golden ornaments.

6. A crowd gathered outside the house of the appellant and some of them questioned the authority of the first respondent. At that time, the first respondent threatened the crowd and the persons who were challenging her authority. Thereafter, the original appellant and other members of his family were handcuffed and made to walk up to the Police Station at Anuppur where they were detained. After some local residents arrived at the Police Station to enquire about the appellant and his family members, the first respondent told them to persuade the appellant to give her Rs. 30,000/- failing which, she would torture the arrested persons. Subsequently, the appellant and her family members were taken by the first respondent to Jabalpur and were detained in the lockup of Mahila Police Station.

7. The first respondent and others approached the High Court of Madhya Pradesh by filing a petition under Section 482 of Cr.P.C. for quashing the complaint. On 17th May 2010, the petition was dismissed by the High Court of Madhya Pradesh.

8. The learned Magistrate framed charges against the first respondent for the offences punishable under Sections 147, 323, 504, 506(2) read with Section 34 of IPC. The said o