* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 149 OF 2008 Mr.Ramchandra Dattatraya Ghuge ....Applicant (Orig.accused) V/s. The State of Maharashtra ....Respondent ===== Mr.A.P.Mundargi with Mr.Shaunak Mehta, advocate for applicant. Mr.S.R.Shinde, APP for State. Mr.Vijay Anandrao Patil, Original complainant present in person. CORAM: SMT.R.P.SONDURBADOTA, J. DATED: 26TH FEBRUARY, 2009. P.C. : 1. This Revision Application is filed to challenge the order dated 13th November, 2007 passed by the Sessions Court, Sangli on the discharge application filed by the applicant in Sessions Case No.144 of 2006 for the offences punishable under Section 326, 331, 342, 348, 166, 167 IPC and under Section 66(B) of the Mumbai Police Act. 2. The applicant is a police officer. He has since retired from service. The applicant was attached as a police officer with Vita Police Station, Sangli, during the period November 1999 * 2 * to 2002. On 21st January, 2002 a complaint was filed with Judicial Magistrate First Class at Vita by one Anita Vijay Patil in C.R.No.64 of 2002 that her husband Vijay Patil was picked by the applicant and ASI, Bhorade alongwith other police at about 1.30 a.m. from his residence without disclosing reasons for the arrest. Therefore, she alongwith her brother-in-law followed the police to Vita Police Station where they heard the police assaulting Vijay Patil in a closed room. In the complaint, it is further alleged that even the complainant and her brother-in-law were confined to a room at the police station. From that room, they could hear the screams of Vijay Patil and the noice of assault. This complaint is allegedly the starting point of the sordid saga against Vijay Patil at the hands of the applicant. As per the F.I.R, the allegations against him are of ill- treatment and assault in police custody, false implication in criminal proceedings, defying the orders of the court directing the applicant to take Vijay Patil for medical examination, illegal detention in police custody, defying order of grant of judicial custody, fabrication of false record etc. Since the present application is for consideration of discharge from the proceeding, it will not be necessary for this court to go in detail into each complaint and instance against the applicant in the F.I.R. Even, if it is seen that there is prima-facie case against the applicant in a single instance, there can be no order * 3 * of discharge passed in the proceedings. 3. As per the applicant, Vijay Patil was arrested on 21st June, 2002 in C.R.No.23 of 2002 and produced before the court on 22nd June, 2002. The learned Judge granted police custody till 2nd July, 2002 which was later extended till 6th July,2002. On the date of expiry of police custody, the applicant showed Vijay Patil arrested in C.R.No.93 of 2000. The basis of this arrest is not known. Though on 7th July 2002, Vijay Patil was ordered to be kept in judicial custody, the applicant retained him in police custody for two days and showed him arrested on 9th July 2002 in C.R.No.82 of 2001. Thereafter, he was produced before the court on 10th July 2002 and police custody was obtained till 13th July 2002. These facts prima-facie indicate illegal detention for two days in police custody and defiance of orders of the court remanding Vijay Patil to judicial custody. 4. As per the FIR during the above period by the specific order dated 7th July, 2002 and by issuing directions in the remand order dated 10th July 2002, the applicant was directed to send Vijay Patil for medical examination. However, the applicant did not comply with both the orders till 12th July 2002. As per the record, the applicant was admitted to hospital on 13th July 2002 and discharged on 6th August, 2002. Thus, prima-facie there is another instance of defiance of the courts' order in not sending Vijay Patil for medical examination. * 4 * 5. There are serious complaints made against the applicant of ill-treatment and assault on Vijay Patil, while in custody. As per the record, the applicant had the custody of Vijay Patil from 21st January 2002 till 13th July, 2002 and on the last date of his custody he was required to be admitted to hospital where he received treatment for almost a month. These allegations which are prima-facie borne out from the record are more than sufficient, for rejecting the application for discharge. 6. The learned Sessions Judge has observed in his order that basic accusation against the applicant is that he exceeded his limits as a police officer and committed the offences. In what capacity the offences were committed, is a matter of evidence. Considering the nature of the offences and the accusation, he was of the view that the court would be in a better position to arrive at a conclusion as to the accusation only after full fledged trial. There is no infirmity in the opinion formed by the learned Sessions Judge. Therefore, there is no need to interfere with the order. Hence, the Revision Application is dismissed. 7. All concerned to act on authenticated copy of this order. [SMT.R.P.SONDURBALDOTA,J.]