1. By this application, filed under Section 482 read with Section 397 of the Code of Criminal Procedure (for short, Cr. P.C.) and Article 227 of the Constitution of India, the petitioner, who is a Police officer in the rank of Additional Superintendent of Police (Crime), City Guwahati and an accused person in CR Case No. 3451/2013, under Section 325/331 of the Indian Penal Code (for short, IPC), pending before the learned Additional Chief Judicial Magistrate, Kamrup, Guwahati, has prayed for quashing the said proceeding, on the grounds, amongst others, that the allegations, brought against the petitioner are false, concocted and that the proceeding is bad for want of sanction, as required by Section 197 Cr. P.C.

2. I have heard Mr. D.K. Mishra, learned Sr. Counsel, assisted by Mr. J. Roy, learned Counsel, appearing for the petitioner, Mr. K. Munir, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. A.K. Bhuyan, learned Counsel, appearing on behalf of the respondent No. 2 (complainant). Written arguments have been submitted on behalf of both the parties.

3. The material facts, as may be required for disposal of this petition, may, in brief, be stated as follows:

On 29.11.2012, one Mr. Prakash Singh lodged an FIR with the Basistha Police Station, alleging that on the same day, at about 9.20 P.M., his son Mr. Ajit Singh (hereinafter called the ‘deceased’) was shot dead by some unknown persons. The said FIR was registered as Basistha P.S. Case No. 771/2012, under Section 302 IPC read with Section 25(1)(A) of the Arms Act and Mr. L.N. Deka, SI of Police was entrusted with the investigation of the said case.

During the investigation, Police came to the clue that one Mr. Ajit Singh, made a conspiracy with Mr. Gurbez Singh Naloa @ Onkar Singh and Mr. Gurmit Singh (respondent No. 2 i.e. the complainant in the present case) to eliminate the deceased and accordingly, the I.O. arrested Sri Ajit Singh and Sri Gurbej Singh on 17.12.2012. Police came to know about the presence of Sri Gurmit Singh (hereinafter called the complainant) (one of the accused persons) at Jammu and requested the Superintendent of Police (J & K) to apprehend the complainant. Accordingly, he was arrested and the I.O. of the case brought him from Jammu to Guwahati and produced before the learned Chief Judicial Magistrate, Kamrup, Guwahati seeking remand for police custody for 12 (twelve) days.

4. The learned Chief Judicial Magistrate, Kamrup, Guwahati, by his order, dated 17.06.2013, passed in Basistha Police Case No. 771/2012, granted 8 (eight) days custody and accordingly, he was taken in Police custody for interrogation.

5. On 20.06.2013, one Mr. Rabindrar Pal Singh, a friend of the complainant, filed a petition before the learned SDJM (S) No. 1, Kamrup, Guwahati, stating, therein, that he came to know from the complainant that Sri Amitava Sinha subjected him to torture, causing fracture of upper arm of the complainant and uttered abusive language with racial slur. It was also alleged that the petitioner subjected the complainant to custodial torture on 17.06.2013 and 18.06.2013 and put petrol in his anus and thus, used third degree torture in custody.

On receipt of the said complaint, Court directed the I.O. to produce the complainant before the Court, on 21.06.2013, with a report regarding alleged custodial torture.

6. On 21.06.2013, Ms. Inderpal Kaur, wife of the complainant, also filed a petition (Petition No. 413/2013), alleging that her husband i.e. the complainant was assaulted with hockey stick in his arms as well as legs and that petrol was put in his anus. The I.O., on 21.06.2013, after causing medical examination of the complainant, produced him before the Court along with the medical report.

7. The learned SDJM (S), Kamrup, Guwahati, not being satisfied with the explanation, submitted by the I.O. and the Medical Report