I.A. Ansari, J.

1. The order under challenge in the present revision was passed by the learned Chief Judicial Magistrate, Nalbari, on 07.10.1994, directing issuance of summons to, amongst others, the accused petitioner under Sections 343/330/34 IPC.

2. The material facts and chronology of events, which led to making of the present revision, may, in brief, be set out as follows:

(i) The opposite party herein, viz., Golok Chandra Kalita lodged a complaint, on 06.09.1994, in the Court of the Chief Judicial Magistrate, Barpeta, which have rise to Complaint Case No. 1385c of 1994, the case of the complainant being, in brief, thus: On 15.07.1994 at about 12 noon, accused No. 1, (i.e., the petitioner herein), who is an inspector of Police and was, at relevant point of time, Officer-in-Charge of Nalbari Police Station, accompanied by accused No. 2, Viz., Sudhangsu Sukla Baidhya, an inspector of Police at the said Police Station, and other staff, came to the business premises of the complainant at Pathshala and conducted a search of the complainant's said business premises including the shop as well as the store house without following the legal procedure and, then the accused persons, taking the complainant along with one Nanki Ram @ Nanki, a thelawalla (i.e., a person who pulls hand cart), went to the house of the complainant located at Mugaria Village and conducted a search there too; but on finding no incriminating materials as either of the said two places, the said two accused persons brought the complainant and the said Shri Nanki to Nalbari Police Station, where the accused No. 1 (i.e., the present petitioner) assaulted the complainant and also the said Shri Nanki by a lathi with a view to extort confession from them to the effect that they had received the properties, which had been looted by the dacoits in the dacoity, which had taken place, on 09.06.1994, near Akhara of the said Police Station. Though the complainant and the said thelawalla repeatedly expressed their innocence and ignorance in the matter, the accused persons repeatedly beat them and tortured them in order to extort confession from them. As a result of such beating and torture, the complainant and the said Shri Nanki sustained injuries and for the injuries so sustained by them, the complainant and the said thelawalla had to be, later on, treated by doctor. On 15.07.1994, at about 3 P.M., the complainant's witnesses came to the said Police Station and, on finding the complainant and the said thelawalla inside the lock-up of the said Police Station, they requested the accused persons to release the complainant and also the said thelawalla, but the accused No. 1 ill-treated the witnesses too and refused to enlarge the complainant on bail. Since the complainant and the said thelawalla were not produced in the Court till 18.07.1994, the complainant's brother-in-law, Atul Talukdar, filed a petition in the Court of the Chief Judicial Magistrate, Nalbari, regarding the non-production of the complainant and the said thelawalla in the Court, whereupon the Chief Judicial Magistrate, Nalbari, called for a report from the accused No. 1 fixing 19.07.1994 and it was on 19.07.1994 that the complainant and the said thelawalla were forwarded to the Court of the Chief Judicial Magistrate, Nalbari, showing their date of arrest as 18.07.1994. The accused had, thus, wrongfully detained the complainant and the said thelawalla at the said Police Station and beaten and tortured them as mentioned hereinbefore and, eventually, implicated them falsely in Nalbari Police Station No. 155/1994 under Section 395/397 IPC, though the accused as well as the said thelawalla were completely innocent and no incriminating article had been recovered from their possession.

(ii) The learned Judicial Magistrate, who came in seisin of the said complainant, examined the complainant and his witnesses and, then, ordered, on 07.10.1994, issuance of summons against the accused persons including the prese