JUDGMENT

M.L. Mehta, J. (Oral)

1. This is a criminal petition under Section 482 Cr.P.C assailing the order dated 11.5.2010 passed by learned MM in criminal complaint case no. 721/08 and also order dated 3.8.2010 passed by learned ASJ in Crl. Revision Petition No.38/2010.

2. The petitioner had filed a complaint against 12 accused persons out of whom some were police personnel of Delhi and Pilibhit, UP. Along with the said complaint, an application under Section 156(3) Cr.PC was also filed by him. The allegations in brief were that he was impleaded in a false case vide FIR No.288 of 2009 under Section 420/406 IPC Police Station Puran Pur, District Pilibhit, U.P. by respondent no.2 Uma Shankar in collusion with respondent no.8 Sanjay Aggarwal and in conspiracy with other respondents. On the midnight of 23.5.2009, he was picked up from his house by respondents no.6 to 12. He was dragged out of his house even though he was in his undergarments. His wife was forced to give Rs.7,000/- to them. He was brought to Police Station Subzi Mandi where he was beaten and extremely misbehaved by the police officials viz. Ramphal and Dalel Singh. He was put in the police vehicle and taken to Pilibhit, UP. He was not disclosed any reason as to why he was picked up in this manner. He was produced in the court in Pilibhit and from where he was sent to judicial custody and remained there till 30.7.2009. His medical examination was conducted in the jail hospital. It is alleged that later he learnt that respondent no.2 to 5 have misused their near relations respondent no.8 who was residing in Pilibhit and got a case registered against him.

3. Learned MM vide his order dated 11.5.2010 dismissed the complaint as also the application under Section 156(3) Cr.PC holding that the allegations against the accused persons (respondents herein) for having arrested the petitioner/ complainant in FIR No.288/2009 did not amount to offence as alleged in the complaint as the same were done under the colour of their duty. Consequently, he declined to take cognizance of the offence and dismissed the complaint as also the application under Section 156(3) Cr.PC.

4. The complainant preferred a criminal revision against the said order of learned MM which was also dismissed by learned ASJ vide the impugned order dated 3.8.2010 for the same reasons as given by learned MM.

5. The bone of contention of learned counsel for the petitioner is that the FIR that was lodged at Pilibhit, UP, was false and concocted at the instance of respondents no.2 to 5 and that in any case, the offences committed by police personnel of dragging him from his house in the midnight hours and giving him severe beatings could not be said to be under colour of their official duties.

6. It is noted that the learned MM in the said order had also observed that there was nothing on record except the allegations in para 4 of the complaint that the complainant was dragged out of his house by the accused persons and accused no.8 and 9 had misbehaved and beat him and put him in a vehicle to take him to Pilibhit, U.P. Without going into the controversy as to whether the FIR 288 of 2009 registered at Police Station Pilibhit against the petitioner was false or concocted or was genuine, the fact remains that there are serious allegations against some of the respondents of having not only dragging the petitioner from his house at midnight hours when he was only in his undergarments, but some of them having given him severe beatings and caused him injuries. The petitioner was taken to Pilibhit and produced before the court and thereafter remanded to judicial custody. His MLC conducted in jail hospital substantiated his having sustained injuries.

7. The questions for consideration are; firstly, whether the giving of beatings to the petitioner by police officials can be said to be in the course of performance of their official duty even if the petitioner was required to be produced in a cour