The main legal point established in the judgment is that the assault on the complainant and his brother by the police officials did not fall within the scope of official duty, leading to the inapplicability of Section 197 of the Code of Criminal Procedure and highlighting the violation of fundamental rights under Article 21 of the Constitution of India.

R.S.Madan, J

1. By filing the instant revision petition under Section 482 of the Code of Criminal Procedure, the petitioner has assailed the correctness and legality of the order dated 20.03.2003 passed by the learned Sessions Judge, Amritsar in the Revision Petition titled as Balbir Singh Inspector etc. Versus Raghbir Singh Bal, whereby the order dated 12.01.2001 passed by the learned Chief Judicial Magistrate, Amritsar was reversed.

2. In brief the facts of the case are that a complaint under Sections 323/308/325/355/506/331/341/342 read with Section 34 of the Indian Penal Code was filed by Shri Raghbir Singh Bal against Shri Sukhdial Singh Bhullar, DIG, Border Range, Amritsar, Ravinder Kumar Bakshi, Deputy Superintendent of Police and Balbir Singh, Inspector, SHO Police Station Civil Lines, Amritsar on the broad allegations that the the complainant was posted as second in Command, 45 Bn. C.R.P.F., at Sikkim and at present was acting as Coach in NIS Patiala. His real brother S.S.Bal was also posted as Second-in-Command, 99 Bn. R.A.F., C.R.P.F., at Hyderabad. That the complainant was sent to act as an observer for the All India Inter University Athletics Meet schedule to be held at Amritsar from 29.12.1997 onwards by the Secretary namely Shri Lalit K.Bhanot of Amateur Athletic Federation of India. It is alleged that the brother of the complainant, after obtaining leave had come to reside with him at Bungalow No. 2090, Ranjit Avenue “C” Block Amritsar which was their parental home. That on the night intervening 31.12.1997/1.1.1998 at about 12.15 AM the complainant and his brother S.S.Bal had gone to purchase some sweets from Novelty Sweet Shop situated at Lawrence Road, Amritsar in connection with New Year celebration in their Maruti Car, which was being driven by their relation Lakhwinder Singh son of Khazan Singh. That on the way to Novelty Sweet shop, the car in which the complainant and his brother were travelling, was signalled to stop by the police official (whose name was lateron disclosed as Inspector Balbir Singh). The complainant and his brother had disclosed the police regarding their identity and in the meantime, two private cars had passed by their side and had gone towards Novelty Sweet shop. That Ravinder Kumar Bakshi, DSP, had also come there and the complainant and his brother had protested as to why their car was stopped and the other private cars had been allowed to go. That Ravinder Kumar Bakshi, DSP had stated that the other cars were carrying family members of police officials and that the complainant and his brother had started arguing with the DSP stating that discrimination had been done with them, because they were also officers and that a person in civil uniform had then come and had asked Balbir Singh, Inspector, as to what was going on and that the person (whose name was lateron known as Sukhdayal Singh Bhullar, DIG) had started using bad language against the complainant and his brother; that the complainant and his brother had told them that they were respectable citizens and were national players; that DIG Sukhdayal Singh Bhullar, had got infuriated and slapped complainant and his brother Sukhwinder Singh Bal and ordered the accompanying police constables to teach them a lesson; that immediately then Inspector Balbir Singh and DSP Ravinder Kumar Bakshi and other officials present there, without any fault of the complainant and his brother, had started giving them beatings and Inspector Balbir Singh had given dang blows to them; that their hands and feet were then tied with their turbans and they were made to sit in the police vehicle and were taken to Police Station Civil Lines, Amritsar; that DSP Ravinder Kumar Bakshi and Inspector Balbir Singh had come with them in the police station, whereas, Sukhdayal Singh Bhullar, DIG had followed them; that after going to the police station, Sukhdayal Singh Bhullar had abused them and when Sukhwinder Singh Bal, brother of the complainant had told h