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1999 Supreme(Mad) 2722

ANNA CHANDY
Ramakrishnan – Appellant
Versus
Balachandran Ezhuthassan – Respondent


Advocates:
V.R. Krishna Iyer, V.M. Nayanar and K.C. Sankaran, for Petitioner.
C.J. Antony, for Counter-Petitioner.
State Prosecutor, for State.

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 sections 323, 324, 218 and 220, Indian Penal Code. 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 one 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.

The case was enquired into by the Second Class Magistrate, Triclrur who after examining a number of witnesses on both sides, framed charges against the Head Constable under sections 323 and 218, Indian Penal Code. The learned Magistrate then examined the Munsif-Magistrate, Chowghat, before whom the complainant had been taken by the Police in connection with the remand application. The testimony of this witness app











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