LexP. MAHALINGAM versus MONICA KUMAR & ANR.
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(2011] 13 (ADDL.) S.C.R. 571 P. MAHALINGAM v. MONICA KUMAR & ANR. Contempt Petition (Crl.) No. 7 of 2010 WITH Criminal Appeal No. 2323 of 2011 DECEMBER 16, 2011 [DALVEER BHANDARI AND A.K. PATNAIK, JJ.] A B Constitution of India, 1950 - Articles 32, 226 and 136 - C Writ Petition by appellants-medical students alleging harassment by Chairman of Educational Trust - Direction by Supreme Court to serve notice by way of Dasti upon t/1e SHO, Police Station - Appellants subjected to brutality in police station by Inspector and his subordinates when they went to D serve the notice - Complaint made to Senior Superintendent of Police but not dealt with properly - Writ petition by the appellants seeking CBI inquiry into the incident - Dismissed by the High Court holding that since FIR was not registered, the prayer for CBI inquiry at this stage could not be considered E and directed the appellants to file an application u/s. 156(3) Cr.P.C. - Appeal filed before Supreme Court - Direction by Supreme Court to District and Sessions Judge to inquire into the incident and he assigned the inquiry to Additional Chief Judicial Magistrate who submitted the report - Held: Report F of the Additional Chief Judicial Magistrate prima facie establish acts and/or omissions of the various police personnel which were committed when the appellants had gone to the police station to serve the Dasti summons issued by this Court and which amounted to misconduct of serious nature - Thus, direction issued to respondent No. 1 to treat G the said report as a preliminary report and initiate disciplinary proceedings against the police personnel named in the conclusions thereof, giving to the police personnel 571 H 572 SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R. A reasonable opportunity of being heard in respect of the charges and complete the disciplinary proceedings within one year - Impugned order of the High Court is set aside - In the contempt petition, direction issued to the Chairman of Educational Trust and another not to enter into the premises B of the Medical College, its administrative block, its hospital, its hostel and the residence of the medical students. c CRIMINAL ORIGINAL JURISDICTION : Contempt Petition (Crl.) No. 7 of 2010. IN Criminal Appeal No. 2323 of 2011. From the Judgment & Order dated 05.12.2009 of the High Court of Judicature at Allahabad in Criminal Misc. Writ Petition 0 No. 23839 of 2009. WITH Crl. Appeal No. 2323 of 2011. K.K. Venugopal, P.N. Mishra, A.K. Ganguli, Shail K. E Dwivedi, AAG, Prasaht Bhushan, Pranav Sachdeva, S. F Chandra Shekhar, Pooja Dhar, Ashwarya Sinha, Manoj Kumar, Ramraghvendra, Alok Kumar, Amit Singh, Rajeev K. Dubey (for Kamalendra M!shra), C.D. Singh for the appearing parties. The Order of the Court was delivered by ORDER A.K. PATNAIK, J. G Criminal Appeal No. 2323 of 2011 (Arising out of Special Leave Petition (Crl.) No. 666 of 2010) 1. Leave granted. 2. This is an appeal by way of special leave under Article H 136 of the Constitution against the order dated 05.12.2009 of P. MAHALINGAM v. MONICA KUMAR & ANR. 573 [A.K. PATNAIK, J.] the Division Bench of the Allahabad High Court dismissing the A Criminal Misc. Writ Petition No.23839 of 2009 of the appellants. 3. The relevant facts as stated in the Special Leave Petition briefly are that the appellants studied M.B.B.S. course in the Santosh Medical College at Ghaziabad in Uttar Pradesh 8 and respondent No.2 is the Chairman of the Maharaji Educational Trust which has established the medical college. The appellant No.1 filed Writ Petition No.33 of 2009 in this Court under Article 32 of the Constitution complaining of harassment by respondent No.2 and by the police and on 13.05.2009, this C Court passed orders directing issue of notice in the writ petition. On 22.05.2009, the Registrar of this Court directed that the notice be served by way of dasti on the unserved respondents in the writ petition. When the appellants went to serve the respondent No. 4, who was then the SHO of Police Station Sector 39, NOIDA, Gautam Budh Nagar, U.P., on 28.05.2009 D at about 10.30 A.M., the respondent No.4 and his subordinates started brutally assaulting them with lathis, shoes and fists and caused numerous injuries on all parts of their bodies. Thereafter, the appellants got themselves examined at Lok Nayak Government Hospital, New Delhi, and an x-ray of the E hand of ap
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