HARI SINGH Vs. BALMOKAND AND ANOTHER
HIGH COURT OF PUNJAB AND HARYANA
Balmokand And Another
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Kapur, J. -
(1.) THE rule in this case was issued by Soni J. on 26th August 1949. And this simple matter has been delayed for such a long time.
(2.) ACCORDING to the complaint, on 19th August 1948, the complainant was going on a bicycle while he was under the influence of drink. It is alleged that he struck against the son of a Sub -Inspector and there was an exchange of foul abuse. The complainant was taken to the Police Station, Sahnewal, where it is alleged that he was mercilessly beaten by respondents 1 and 2. Subsequently a case under S. 394, Penal Code, was started against the complainant and he was convicted and sentenced to one year's rigorous imprisonment on 11th January 1949, but on appeal on 17th February 1949, he was acquitted.
(3.) HE had made a complaint on his release on bail to the learned Magistrate on 1st September 1948, but evidently this complaint was not proceeded with. Whether the complaint had any merits or not, it is unfortunate that the learned Magistrate did not take any action on it, and it appears that although he had sent it for enquiry to the Police no report was sent by the Police to the Magistrate as it was the duty of the Police to do, nor does the Magistrate seem to have taken the trouble to find why it was so.;
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