This petition under Section 482 of Cr.P.C. read with Section 528 of
Bharatiya Nagarik Suraksha Sanhita, 2023 is filed assailing the order
dated 31.07.2024 passed by learned Special Railway Magistrate, Indore
in unregistered criminal case No. 1993/2024, whereby the learned
Special Railway Magistrate took cognisance of offence punishable under
Sections 323, 330, 166 and 166A of IPC against the petitioner and
registered criminal case at RCT No. 5331/2024.
2 The exposition of facts, in brief, giving rise to present petition, is as
under:-
i) The complainant Ravi and Omkar were produced in custody
NEUTRAL CITATION NO. 2025:MPHC-IND:13549
before the Court of Special Railway Magistrate Indore on
09.03.2024 by Inspector Devesh Golhani (applicant) of RPF
Post Dr. Ambedkar Nagar, Mhow, District Indore in connection
with offence punishable under Section 3 of Railway Property
(Unlawful Possession) Act, 1966. Both the complainants
(accused) alleged custodial torture and ill-treatment, therefore,
learned Special Railway Magistrate personally examined them
in compliance with Rule 77 of the Madhya Pradesh Rules and
Order (Criminal) and found marks of injuries on body of Ravi
and Omkar. Both alleged that the injuries were inflicted in
custody by police officials of RPF Post. The Special Railway
Magistrate recorded statement of Ravi and Omkar under
Section 200 of Cr.P.C. Ravi and Omkar were forwarded for
medico-legal examination. The Medical Officer Dr. Mahesh
Kumar (PW-3) was also examined under Section 202 of Cr.P.C.
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