1. ORDER :-

Quashing appliction bearing Cr. Misc. No. 2018 of 1998 has been filed by Dr. Ajay Kumar, the City Superintendent of Police, Patna at the relevant time, whereas quashing application bearing Cr. Misc. No. 8644 of 1996 has been filed by Shri Amrit Singh Nimbran. The Senior Superintendent of Police, Patna at the same time, under Sec. 482 of the Code of Criminal Procedure (The Code, in short) both praying therein to quash the order dated 17-9-1994 passed by Sri Birendra Singh, the then Judicial Magistrate, Ist Class, Patna in Complaint Case No. 933(C) of 1992 whereunder, after enquiry, the learned Magistrate had found that a prima facie case against the petitioners was made out under Secs. 323 and 504 of the Indian Penal Code and there were sufficient grounds for proceeding against them, further directing the complainant to file requisites for issuance of summonses against them. Both the cases emanate from the same complaint case which was filed by Shri Girija Nandan Prasad, hence have been heard together and, with consent of the parties are being disposed of under this order.

2 The facts, briefly stated, as in the complaint petition, Annexure 1 which was filed against these petitioners and one Shri S. N. Pradhan, are that on 28-10-1992 a young man of the Mohalla approached complainants wife for using his telephone which was allowed, who was also joined by another person and talked on phone with someone. The wife complained thereafter to the complainant that those two persons did not appear to be good men. Wife of the complainant though recognised the persons who had come but she did not know their names. In the same night a person introducing himself as S. K. Sinha phoned and sought an interview with the complainant, an Advocate, for legal consultation and on his subsequent insistance, the complainant agreed to his request and gave out his address.

3. The allegation further is that at 1.a.m. in the same night there was knocking at the door and the complainant was called by name. When he saw four persons knocking the grill of the house demanding to open the gate in abusive language, the complainant and his wife, to save themselves, crossed over to a neighbours house who,subsequently, asked them to come out at the persons who had come were but police officers in plain clothes, at which they come out from hiding. Thereafter those newcomers, including these two petitioners, assaulted him brutally and also abused the complainant and the community of the lawyers at large. When the wife tried to intervene she also was assaulted by pulling her hair. The complainant and his wife told the police officers about the phone call made by the young man of the Mohalla named Vinod Kahar at which Vinod Kahar was apprehended and, at his instance, kidnapped boy was recovered. On way of the Phulwari Sharif the policemen again assaulted the complainant and, at the police station itself the complainant was again beaten by one Shri S. N. Pradhan, a police officer then posted at Danapur. After that the complainant was also produced before one I.G. of Police where also he was assaulted. On 30-10-1992, the complainant was handcuffed and tied with a rope in his waist and was taken to Danapur Court.

4. The fellow lawyers, as stated, moved the High Court in Cr.W.J.C. No. 598 of 1992 complaining the highhandedness of the police. A medical Board, constituted under the orders of this Court, in its report revealed that the complainant had received as many as 10 injuries on his person, all caused by hard and blunt substance at which he was hospitalised at Patna Medical College and Hospital and subsequently he was ordered to be released on bail on 17-12-1992. Thereafter the complaint was filed on 23-12-1992.

5. From the impugned order it will appear that after examination of the complainant on solemn affirmation, during enquiry three more witnesses were produced by the complainant after which the petitioners were ordered to be summoned to face tri