1. This is an appeal by the complainant against acquittal of the four respondents in a case under S. 342/109 I.P.C.

2. On the relevant date respondent No. 1 Ram Swarup was the Head Constable while the remaining three respondents were constables posted at the Police Station Kairana, district Muzaffarnagar. The complainant is a Homoeopath practising at Kairana. His case was that on 15-10-1961 at about 1 P.M. the respondents unlawfully put him under arrest and took him to the thana where he was detained till 7 A.M. the next day when he was sent to the District Jail, Muzaffamagar, and was released on bail on the evening of 16-10-61. Proceedings under S. 107/117 CrPC. were taken against him which remained pending till 8-12-61 when they were dropped for want of evidence. Twenty - three days later, the complainant lodged a complaint on 1-1-62 with the allegations that without any rhyme or reason he had been put under arrest and detained under unlawful custody. He, however, admitted that the accused persons had no previous enmity with or ill will against him. The complainant further admitted that his uncle had gone to the thana that very day (15-10-1961) at about 3 P.M. but he was turned