The first accused in P.R.C. No.1 of 1954 is the petitioner. A complaint was filed against him and eleven others for offences under sections 343, 348 and 330, Indian Penal Code.

The petitioner, who is the Inspector of Police, Srikakulam, in the course of an investigation into a series of cases of house breaking and theft questioned P.W.1 on the 27th October, 1952, in the police station regarding one of such occurrences. When P.W.1 denied knowledge of it, he directed the subordinate officials, who were there, to investigate further into the matter. In pursuance to these directions, P.W.1 was taken to a corner and, after further questioning, they handcuffed him and chained him to the iron bar of the door. It is also the prosecution case that on the 28th October when the petitioner went to the police station and saw the plight of P.W.1, he abused the constables for handcuffing him, locking him up and directed, that he should be released immediately. But this direction of the petitioner was not obeyed, and P.W.1 continued in wrongful detention. Apparently the petitioner did not know about this. It also appears that later on P.W.1 was illtreated by the other accused in the case. I