The above criminal revision petition is filed by the State from an order passed by the Judicial Magistrate, First Class, Second Court, Bangalore, holding-chat the protection afforded under section 170(1) of the Mysore Police Act, 1963 (to be hereinafter referred to as the Act) is not available to the accused who are constables attached to Basavanagudi Police Station in Bangalore City before the stage of recording of evidence.

2. The material facts are:

The respondent-complainant Satyendrakumar, a resident of Govindappa’s Street in Basavanagudi, Bangalore, gave a complaint before the Court on 6th November, 1970, against the two constables alleging that they committed offences punishable under sections 323, 352 and 447 and 300 of the Indian penal Code, on 27th October, 1970. The complaint was referred to the Police for investigation and report under section 156(3) of the Criminal Procedure Code The Circle Inspector of Police, Basavauagudi Sub-Division, investigated into the crime and submitted a ‘B’ report to treat the case as false. But the complainant challenged the ‘B’ report and undertook to prove the case. Accordingly, the learned Magistrate recorded further statement of the