Escape from lawful custody under Section 224 IPC requires that the accused must have escaped or attempted to escape from lawful custody.

1. - This court in normal course does not entertain an application under Section 482 Criminal Procedure Code in cases where a party aggrieved by the order of the trial court files a revision against the impugned order and then comes to this court in an application under Section 482 Criminal Procedure Code. This is because when the legislature in its own wisdom has barred the filing of the second revision by the same party in this court law cannot be circumvented by taking resort to Section 482 Criminal Procedure Code. Yet in cases where this court finds that the ingredients of Section 482 Criminal Procedure Code. are satisfied, i.e., the order of the trial court amounts to an abuse of the process of the court or it is essential to pass an order to secure the ends of justice or to give effect to any order under the Code of Criminal Procedure. This court cannot sit as a silent spectator to the order which otherwise results in gross injustice. The present case falls in the latter category. The petitioner Bhagwan Singh is a police officer who detained Natho in the police station. Natho filed a criminal complaint against the petitioner Bhagwan Singh for offence under Section 343 Indian Penal Code which, according to Bhagwan Singh, is a counter-blast of a charge-sheet submitted against Natho. Both these cases, i.e., criminal case No. 287/1977 State v. Natho and the criminal complaint No. 171/1979 Natho v. Bhagwan Singh were pending in the court of Munsif and Judicial Magistrate 1st class Bayana. Both these cases were listed in the court on 17.4.1985. Bhagwan Singh appeared in the court as a witness on this date. He did appear as PW 9 and his statement was recorded. For securing his presence in criminal complaint No. 171/79 the learned Magistrate had directed him to file a personal bond and a surety bond in the sum of Rs.1000/-, but he did not submit the same in the court on that day and went away without seeking permission of the court. Learned Magistrate sent a First Information Report to police station, Bayana at 5.30 p.m. wherein he mentioned the aforesaid facts and that accused Bhagwan Singh after having been taken into judicial custody, left the court without permission which has resulted in commission of a crime which is punishable under Section 224 Indian Penal Code. It was mentioned that he had read over the order of taking in judicial custody and directed him to file the personal bond and surety bond in the presence of Advocate Brijmohan Lal Gupta and Shiamlal Pancholi and his Reader Shri Jagdish Prashad Gupta. Police registered the case and investigated into the report. After investigation a final report was submitted. The learned Magistrate, Bayana took the cognizance of the offence against the accused and summoned the accused by issuing bailable warrants, aggrieved by which a revision petition was filed which was dismissed by the leaned Special Judge, Dacoity Affected Areas, Bharatpur. Thereafter an application under Section 482 Criminal Procedure Code. has been filed before this court.

2. I have heard learned counsel for the parties at length and perused the record placed before me.S. 224 Indian Penal Code reads as under:

"Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both."

3. From the perusal of the aforesaid Section it is clear that the case does not fall within part 1st of Section 224. It may however, be considered in the latter part of this Section which is about escape of the person in custody. The ingredients which are required to be satisfied are escape from the custody or attempts to escape from the custody in which he is lawfully detained for an