JUDGMENT :

(Prayer: This Criminal Revision Case has been filed under Section 397 and read with Section 401 of Cr.P.C., to call for the records in M.P.No.53 of 2017 dated 15.11.2017 on the file of the Learned Metropolitan Magistrate-XV, George Town, Chennai and set aside the same.)

(Video Conference)

1. The private complainant is the revision petitioner herein.

2. The revision petitioner has filed a private complainant under Section 200 of Cr.P.C., before the learned XV Metropolitan Magistrate, George Town, Chennai, in M.P.No.53 of 2017. The revision petitioner herein/complainant and five witnesses sworn statements recorded under Section 202 of Cr.P.C.

3. The sum and substance of the private complaint is that on 29.09.2016, the private complainant was manhandled by the respondent police at the gun point and subjected to assault by iron rod and thereby, he got injured in his right leg and thereafter, he was admitted in the Stanley Government Hospital. Thereafter, the revision petitioner herein/complainant has given a complaint before the learned Magistrate to punish the accused and the learned Judge has dismissed the complaint. Hence, the Criminal Revision Petition.

4. Heard Dr.S.Manoharan, learned counsel for the revision petitioner and Mr.D.Alexis Sudhakar, learned counsel for the respondents and perused the materials placed on record.

5. The statement in the complaint and PW1 version is that on 29.09.2016, at about 12.30 p.m., while the complainant was sleeping along with his friends viz., Appu, Manikandan and Sobanraj, in his friend house at Thiruporur, the accused 2 to 4 came and knocked the door, on hearing the sound, the complainant opened the door and as soon as the second accused assaulted him on face, other accused tide his hand and legs and put him into Police Vehicle and took him to H1 Washermenpet police Station. There the first accused has shown him a pistol and said that he is going encounter the complainant. After some time, at the instruction of the first accused, the third and fourth accused caught hold his hands and second accused tide his mouth with cloth and then the first accused came with iron rod forcefully assault the complainant’s right forearm. Thereby, the complainant sustained bleeding with fracture and again the accused 3 and 4 caught hold his legs and second accused caught hold his hands with intent him preventing to move, the first accused forcefully assaulted the complainant on his right legs by iron rod and thereby, the complainant sustained fracture on right leg and thereafter, the accused threatened him by saying that they have broken legs and hands instead of encounter and further they threaten the complainant by saying that if he express the same to anyone, he will be shot dead within their custody. Thereafter, he was admitted in Stanley Hospital. When the complainant was admitted in the Stanley Hospital, he was threatened by the first accused/first respondent that not to depose anything to the Magistrate and hence, he has not disclosed the same and the learned magistrate was pleased to remand him in Crime No. 1032 of 2016, for the offence under Sections 341, 294(b), 323, 392, 397, 336, 427 & 506(2) of IPC on 30.09.2016.

6. After perusal of the evidence and the complaint and other witnesses, it is seen that the complainant either in the statement or in the affidavit before the learned Judicial Magistrate Court, has not disclosed about the alleged occurrence to the Magistrate on 30.09.2016 during the time of remand in connection with the above Crime No.1032 of 2016 and he has assigned reason that he was subjected to cruelty. According to him there is threat that there will be encounter by the Inspector Jawahar.

7. On perusal of the accident report, it is mentioned as “History of fall from the stanley subway”. The complainant has given same statement before doctor while admission for treatment and also be