ARIJIT PASAYAT, J.

( 1 ) PETITIONER, a police officer, questions legality of the order dated 21-9-1987 passed by the learned Subdivisional Judicial Magistrate (in short 'udjm'), Puri, taking cognizance u/s. 323 of the Indian Penal Code, 1860 (in short 'ipc'), and issuing summons to him.

( 2 ) BACKGROUND facts are that on 9-7-1987 the opposite party sent a petition to the learned SDJM inter alia stating and alleging that he was produced before him in connection with G. R. Case No. 851 of 1987 corresponding to P. S. Case No. 181 of 1987 of Puri town Police Station. At the time of Production, he alleged that while in police custody on 7-7-1987, he was abused and severely physically assaulted by police officers including the petitioner. The specific allegation against the petitioner was that he had abused the opposite party in slang languages, and had beaten him with a police baton when he was in police custody. Subsequently, eight to ten other police officers joined the petitioner and abused in same manner and beat him. He was stripped off his shirt, undergarments and personal belongings (gold and money etc.) by one officer Mr. Subudhi of Puri town P. S. and was assaulted by eight to