D N SRIVASTAVA Vs. PARTHAJOY DAS

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure, 1973 is for quashing the proceedings instituted against the petitioner in case No. 1456-C of 1979 pending in the court of Mr. M.L. Mehta, Metropolitan Magistrate, Delhi. The matter is an off shoot of the volatile foreigners issue in Assam.

(2.) The petitioner is an officer of the Indian Police Service. When the petition was filed, he was the Deputy Inspector General of Police, Nowgong, Assam. However, at the relevant time he was the Superintendent of Police, Kamrup, Gauhati, Assam.

(3.) On 31st December, 1979, Parthajoy Das, respondent No, 1 filed a complaint in the court of the Sub-Divisional Mastrate at Barpeta, Assam. The complainant pertained to the action taken in the early hours of 10th December, 1979 by the petitioner and respondents 3, 4, and 5; when respondent No. 1 and a crowd of 1500 to 2000 persons were trying to prevent Begum Abida Ahmed from filing her nomination papers as a Lok Sabha candidate.