JUDGEMENT
Vikash Jain, J. -
(1.)Heard learned counsel for the petitioner, learned counsel for the Informant and learned counsel for the State.
(2.)The present petition has been filed for setting aside the order dated 212010 passed by learned Judicial Magistrate, 1st Class, Hilsa, Nalanda, taking cognizance against the petitioner in Complaint Case No. 674(c) of 2007 for the offences under Sections 341, 323, 325, 504/34 of the Indian Penal Code.
(3.)The prosecution case as narrated in the complaint petition is that the complainant Upendra Kumar had gone to the market on 12.08.2007 along with his father and son for making purchases when Anand Kumar and Munna Kumar along with one or two chaukidars started beating and abusing him and carried him to the police station on tempo. The petitioner being the Officer-in-Charge of Chandi Thana got the complainant's hands and feet tied up, who was then assaulted along with his father and son who attempted to rescue him. The petitioner allegedly severely beat up the complainant with lathi causing fracture in his arms and shoulder leading him to lose consciousness. The petitioner wrongly reported that the complainant had been injured in a stampede in order to get him medically treated at the Referral Hospital. The complainant was then kept in lock-up on 12.08.2007 but was produced before the court after over 24 hours on 14.08.2007. It is further stated in the complaint that the acts of the petitioner, the chaukidars and the others were not in discharge of official duty and hence no prior sanction was required for their prosecution.
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