lN THE HIGH COURT OF SIKKIM ` OFtDEF} SHEET `__--_ ` - -. I,-. t'.,.(c.rl)..ro., ut of 2003. . Jags.t. . A.ahadur, .ChoubarL .,....... Petitioner / Appellant Versus State o£ Slldclm a Othere Plespondent 2.2 r8/ 1, .`t ialof!er DateofOrder Order with Signature Office Note as toaction(ifany)takenonOrder 1.9.2003 We have perused the petition purported to have been submitted by one Jagat Bahadur Chauhan. We have also gone through the report which is supported by an affidavit by the Officer-in-charge of Soreng Police Station, West Sikkim. Upon hearing Mr. N. a. Khatiwada, learned Public Prosecutor, we are satisfied that the petition does not merit admission. The gravamen of the allegation i; that, Manbir Chauhan, the brother of the petitioner was tortured by the local police alter ne was arrested and was inade to lps on the.floor of the police station in.an inconscious condition. The said Manbir Chauhan, according to the petition had sustained multiple external and internal injuries. It appears from the report submitted ty the Officer-in-charge of Soreng Police Station that, as ba.ck as on 15.'1.2003, Soreng P.S.Case No.1(1) of 2003 was registered against Manbir. Chauhari under Sections 341, 324/354 IPC on the basis-of a written complaint made by one Raj Kumar Sharma alleging that Mahbir Chauhan assaulte.d three persons including h.is daughter:in-law, ip the evening of 14.1..2003.. Although the police was in search of him, he was evading arrest and only on 20.8.2003 the patrolling party arrested him at about 5.20 p.in. at Mangsari and took him to Soreng P.S. in vehicle No.SK-04/4388. He was suspected to have drunk also. As he had injunes on his personS, he was sent to Soreng Primary Health Centre for medical check up on 20.8.2003 itself. Dr. a. K. Cintury of Soreng Primary Health Centre had noticed the following injuries on the person of the said ^Aor`hir r`ho.ihan ._ Serial No. of Order Order with Signature Nature of injury i.e. whether a cut, a bruise, a burn & c., & c 1. Size of each On what part injury in inches of the body i.e. ,length, inflicted breadth and depth2.3. Swelling 4cm x 4cm Swelling Marked Tenderness 5cm x 5cm 13ruise (2) in mos -> 5 cm x 3cm, 5cm x 3cm Bruise -> 6cmx3 cm Bruise (7) in mos 160cm x 4 cm, 7cm x 3 cm, 6cm x 2 cm, 8cm x 4 cm, 5 cm x 5 cm, 3cm x 3 cm, 5cm x 4 cm, Bruise4innos 6cmx3cm, 5cm x 3cm, 4cm x 2 cm, 4cm x 4 cm. Abrasion 7cm x 2 cm Swelling (Lt) leg with marked tenderness Minimal Bleeding from incised wound present Swelling 5 cm x 5cm PostAuricular Region (Rt) (Lt) Arm (Lt) Arm (Lt) Arm (Rt) F`ore Arm - Back - (Lt) Thigh (Lt) Leg -(Rt) Sca.pular Region with Marked tenderness The doctor had also found that he was smelling alcohol. The doctor of Primary Health Centre also referred the case to STNM Hospital, Gangtok. Doctor S. D. Sharma of STNM Hospital on examination of the said Manbir Chauhan found the injuries to be simple. In the report, it has been further stated that he has Office Note as to action (if any) taken on Order I.,` Serial No. of Order Order with Signature been released on bail with one surety on 21.8.2003 when he was being referred to STNM Hospital at Gangtok. 8wfgch`:r?g+t,?e ap, it may be seen tp the L= co-ncerned rpolice officer tortured Manbir Chauhan and made him lse on the floor throughout the night i`f without any basis. On the contrary, the said Manbir 1 Chauhan was sent to Primary Health Centre on 20th itself at about 8.30 p.in. In the last paragraph of the petition, the petitioner has made some allegation about the murder of his brother last year. That has got nothing to do with the present allegation made in respect of Manbir Chauhan. In view of what has been stated above, we do not find any basis to take any further action by this Court on the said petition. The petition accordingly stands disposed of. Cop of this order be communicated to the petitioner. :.1%- Judge 01.0®.ZOOS. R.K.# Chiof JFustce 01.09.ZOOS. Office Note as to action (if any) taken on Order -I:.`--i:--_:i.i7:``.` a,`./ kaL c`*;i',s;`3.