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1963 Supreme(Ker) 8

ANNA CHANDY
Mulakkal Konan Ramakrishnan – Appellant
Versus
M. C. Balachandran Ezthuthassan – Respondent


Advocates Appeared:
V.R. Krishna Iyer, V.M. Nayanar and K.C. Sankaran, for Petitioner;
C.J. Antony, for Counter Petitioner.

ORDER:-

The revision petitioner lodged a complaint before the Second Class Magistrate, Trichur, against the respondent, the Head Constable of Valappad Police Station alleging offences under Ss. 323, 324, 218 and 220, I. P. C. The allegations were that on 17th February 1960, the respondent arrested the complainant in connection with a case filed against him by one Velayi and Soman, took him to the police station and beat him up. Some arrack was thrown on him and a false case under the Prohibition Act was charged against him. It is further alleged that to explain the injuries caused to the complainant as a result of the manhandling, the Head Constable forced him to sign a false complaint against Velayi and Soman charging them of having caused hurt to him.

2. The case was enquired into by the Second Class Magistrate, Trichur, who after examining a number of witnesses on both sides, framed charges against the Head Constable under Ss. 323 and 218, I. P. C. The learned Magistrate then examined the Munsiff-Magistrate, Chowghat, before whom the complainant had been taken by the Police in connection with the remand application: The testimony of this witness appears to have convinced the lear










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