- (1.) Leave granted.
(2.) These appeals are directed against the judgment and order passed by the High Court of Delhi in Criminal Miscellaneous Case No.4308 of 2009 & Criminal Miscellaneous Case No.4232 of 2009, dated 01.03.2011. By the impugned judgment and order, the High Court has quashed the entire prosecution proceedings for the offence under Section 323/348/365/368/506 read with 34 and 120-B of the Indian Penal Code, 1860 (" the IPC" for short).
(3.) The facts in brief as stated in the complaint are: the proceedings under the Excise Act for evasion of excise duty were instituted by the officers of the Directorate General of Central Excise Intelligence ("DGCEI" for short) wherein search was conducted and summons were served in the name of the appellant i.e. Director of M/s. Vinay Wires. After the service of summons were unattended for quite some time, the appellant was forcibly held by the officers of DGCEI from Balaji Delux Hotel, Paharganj, where the appellant along with the other directors had lodged, and wrongly confined them from 12.00 midnight of 10th November, 2009 till 1.30pm of 11th November, 2009 and thereafter the arrest of the appellant was brought on record. Subsequent to the arrest, the appellant filed a complaint through his father- Hanuman Prasad Kanodia, before the Ld. Magistrate. The appellant before the Ld. Magistrate had brought to the notice that the respondents herein, who are the officers of the Central Excise Department, had illegally detained and further brutally assaulted him. This allegation of the Complainant was denied by the respondent- officers. However, the learned Magistrate thought it fit to refer the complainant to be examined by a competent doctor on the same date.;