AHMED NOORMOHMED BHATTI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner herein filed a petition before the High Court of Gujarat at Ahmedabad under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure. In his petition, the petitioner prayed for quashing of the criminal proceedings initiated against him on the complaints of respondents 5, 6 and 7. He also prayed in the said petition for a declaration that Section 151 of the Code of Criminal Procedure is unconstitutional and ultra vires. The High Court by its impugned judgment and order dated 4th April, 1996 in Special Criminal Application No.95 of 1996 rejected the petition holding that there was no ground to hold that Section 151 of the Code of Criminal Procedure was unconstitutional and further there was no ground to quash the proceedings initiated against the petitioner in which process has been issued.

(2.) So far as the challenge to Section 151 of the Code of Criminal Procedure is concerned the High Court has noticed the fact that the prayer for declaring the provision as unconstitutional is not supported by factual assertions and the writ petition lacked specific averments and allegations of fact on the basis of which it was contended that the provision was ultra vires and unconstitutional. However, the High Court considered the arguments addressed before it and rejected the same holding that the powers conferred upon the police authorities under Section 151 of the Code of Criminal Procedure were well defined, and guidelines for their exercise are also found in the provision so as to save it from the charge of being either arbitrary or unreasonable. The detention under Section 151 of the Code of Criminal Procedure was only for a limited period of 24 hours for the purpose mentioned therein and the said provision, therefore, offended no provision of the Constitution. So far as the criminal proceedings pending against the petitioner are concerned, they were sought to be challenged on the ground of being mala fide, an abuse of the process of Court and being untrue and unfounded. The High Court after considering the facts of the case came to the conclusion that having regard to the principles laid down by this Court in State of Haryana vs. Bhajan Lal (1992) 1 Suppl. SCC 335 no case was made out for quashing the aforesaid proceedings.

(3.) We may only notice a few fact which are necessary for the disposal of this petition. As urged before us by the counsel for the petitioner, on 11th December, 1995 a complaint was made by respondent No.5 to Dy. Superintendent of Police, Kutch-Bhuj regarding an incident which took place on 9th December, 1995. In connection with that incident statements were recorded on 13th December, 1995. It is alleged that on 16th December, 1995 the petitioner was detained by the Inspector of Police, Bhuj, respondent No.4 under Section 151 of the Code of Criminal Procedure. However, he was produced before the Magistrate and a Chapter Proceeding under Sections 107 and 116(3) of the Code of Criminal Procedure was initiated against him on the basis of the complaint of respondent No.5. It is also not in dispute that FIR No.100/1996 dated 9th January, 1996 has been recorded against the petitioner alleging commission of offences punishable under Sections 504, 506 and 507 of the Indian Penal Code on the complaint of respondent No.6. Similarly a First Information Report was lodged by respondent No.7 against the petitioner on 30th December, 1995 alleging commission of offences punishable under Sections 506 (2), 507 and 114 of Indian Penal Code. On the basis of the First Information Reports lodged by the persons concerned, the police has investigated the cases and taken necessary steps in the matters, and it was stated before us that the Magistrates concerned have taken cognizance and issued process in those cases.