SARVSHEEL MAGO Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) Appellant herein has challenged the order passed by the High Court, whereby his petition under Section 482, Cr. P.C. was disposed of with certain directions. In his petition, the appellant had sought registration of criminal case against respondent Nos. 4 to 6 for offences under Sections 341, 342, 211, I.P.C. and Section 58 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as NDPS Act) read with Section 120-B, I.P.C in relation to the incident which took place on 7-8-2004. The High Court, however, refused to issue any direction regarding the registration of a criminal case on the ground that there was no material on record, from which it could prima facie be found that respondent No. 4 had stopped the vehicle and conducted the search with mala fide motive. The High Court viewed it as a part of the duty of respondent No. 4. The High Court did not also find fault with the alleged role played by respondent Nos. 5 and 6, however, left it open to the appellant to avail of his alternative remedy on the basis of allegation that respondent Nos. 5 and 6 were deliberately and intentionally implicating him by making false calls to the police.

(3.) The factual background of this is that out of respondent Nos. 4, 5 and 6, the 4th respondent is a police officer working as Assistant Sub-Inspector, Police and posted at Model Town Police Station of Karnal and is presently posted at Ram Nagar, Karnal, while respondent Nos. 5 and 6 are private individuals. Appellant has a daughter called Nidhi Mago and in the year 1999, her marriage alliance was being discussed with Parshant Arora, son of respondent No. 6 who was then out of India and was scheduled to come to India in the end of May, 1999.