LAWS(DLH)-1981-11-36

ISHWAR SINGH Vs. COMMISSIONER OF POLICE

Decided On November 18, 1981
ISHWAR SINGH Appellant
V/S
COMMISSIONER OF POLICE Respondents

JUDGEMENT

(1.) The Petitioner has prayed for the quashing of proceedings under Section 107/151, Criminal Procedure Code pending against him before the Assistant Commissioner of Police, Nangloi, on the basis of a report made by the Station House Officer, Police Station Nangloi. A notice to show cause why the petition should not be admitted was issued and a counter affidavit has been filed as well as a rejoinder. We have gone through the allegations made in the petition which are to the effect that the police has been repreatedly involving the petitioner in cases under Sections 107/151, Criminal Procedure Code, and in other cases. On considering these grounds, we find that no case has been made out for quashing the pending proceedings under Sections 107/151 of the Code.

(2.) The Petitioner has also prayed that all future cases which may arise against him should be investigated by a police agency other than that situated at Police Station Nangloi. At present there is no case under investigation against the petitioner. We think that this claim is pre-mature and we cannot accede to the same. We would accordingly reject both the grounds raised in the petition.

(3.) Learned counsel for the Petitioner wants us to note in the order that the Surpeme Court had ordered the transfer of an investigation to another Police Station in an unreported case Ramjit Singh and others v. Commissioner of Police and others, Special Leave Petition . No. 1644 of 1981, and also, there were two writ petitions namely, J.L. Gupta v. Comnissioner of Police,., and Anant Ram Sethi v. Commis- sioner of Police and others, wherein investigation had been ordered to be handed over to another Police Station. These cases were decided in this Court. We have already had occassion to take note of these judgment elsewhere.