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Judgment
Venkatasubba Rao, J.—Serious allegations have been made against the accused who is a Head Constable. If the complaint is true, the
accused abused his official position in order to benefit his mother who had dealings with the sowcar and also to benefit himself.
The complainant should have been given every facility to prove his allegations. He mentioned that he had witnesses but none of them was
examined.
It has been held that complaints against Police Officer should be handled with the greatest care. See Shama v. Ejaz Ahmad [1920] 18 A.L.J.
731 Harihar Prasad v. Emperor [1920] 21 Cri. L.J. 343 Apart from the Magistrate''s order being legal or illegal, the question relates to the
propriety of the exercise of his discretion under Sections 202 and 203, Cr.P.C.
The Magistrate''s order is very laconic.
I direct the Chief Presidency Magistrate being one of the Magistrates subordinate to him to make further enquiry into the complaint. The order is
set aside.