1. By way of this petition under Article 226/227 of the Constitution of India, the petitioner, an IPS officer, seeks to challenge the order dated 3rd May 2011 passed by the Additional Chief Judicial Magistrate, Anand in Court Inquiry No.93 of 2002 below Exh.1, thereby the Additional Chief Judicial Magistrate, Anand, ordered issuance of process against the petitioner-accused for the offences punishable under Sections 341, 342 and 500 of the Indian Penal Code, after a lapse of 11 years from the date of filing of the complaint.

2. Facts relevant for the purpose of deciding this petition can be summarised as under :

1. The petitioner is an officer of the rank of IPS. On 1st July 2002, respondent no.2-original complainant who is also a police officer, lodged a private complaint before the Court of learned JMFC, Anand for the incident which occurred on 23rd October 2001, against the the petitioner herein and one another person, also a police officer, for the offences punishable under Sections 341, 342, 447, 500, 504, 506 read with Sections 114 and 34 of IPC. On the very same day i.e. on 1st July 2002, the learned JMFC, Anand, took cognizance upon the complaint and ordered magisterial inquiry under Section 202 of the Code of Criminal Procedure (for short, 'the Code'). The same was registered as Court Inquiry No.93 of 2002.

2. Record reveals that after the inquiry under Section 202 of the Code was initiated, for the first time after 9 years, the complainant appeared before the learned JMFC along with his witnesses. The learned JMFC, Anand, examined the complainant and his witnesses on oath and thereafter passed an order for issuance of process for the offences punishable under Section 341 i.e. - wrongful restraint, Section 343 – wrongful confinement, Section 500 – defamation. It deserves to be noted that the learned JMFC thought fit to issue process only against the petitioner herein and no process was issued against the co-accused named in the complaint.

I. Nature of the Complaint :

3. It is the case of respondent no.2 – original complainant that on 22nd November 2001 he was serving as Deputy Superintendent of Police at Bhuj. For a period from 7th February 1997 to 30th December 2000 he served as Police Inspector, DCB at Vadodara and at that point of time the petitioner herein was the Police Commissioner of the city of Vadodara. He has alleged that since then the petitioner used to keep personal spite against him and, on one pretext or the other, used to harass the complainant. It is also his case that he was transferred from Vadodara to Junagadh and since the transfer was malafide, the complainant preferred a civil suit and obtained injunction against his transfer. The petitioner herein who, at the relevant point of time was the Police Commissioner of the city of Vadodara, preferred Misc. Civil Appeal No.277 of 1998 in the District Court against the order passed by the learned Civil Judge granting injunction in favour of the complainant.

4. It is the case of the complainant that the District Court dismissed the Misc. Civil Appeal, against which Civil Revision Application preferred before the High Court of Gujarat also was rejected and thereby the injunction granted by the Civil Judge against the order of transfer was confirmed. It is also alleged by the complainant that thereafter the petitioner passed an order of suspension against the complainant dated 2nd October 1998 on the basis of one false complaint. According to the complainant, the suspension order was challenged before the High Court of Gujarat by way of Special Civil Application No.8465 of 1998 and the High Court quashed the order of suspension and also directed that the period of suspension be treated as on duty. It is also alleged by the complainant that because of personal ill-will, the petitioner made some remarks in the confidential report of the complainant with a view to see that the complainant is not promoted from the post of Police Inspector to the post of Depu