COMMISSIONER OF POLICE Vs. VIKRAM SINGH

JUDGEMENT

(1.) LEARNED counsel for the petitioners submits that if learned counsel for the respondent is prepared to argue the writ petition today itself early hearing as prayed for may be allowed. Learned counsel for the respondent who has moved the application seeking early hearing says that he is prepared to argue the writ petition today itself. Accordingly, the application is allowed. Undisputedly the respondent was an accused in two FIRs registered at PS Doghat, District Meerut, U.P. In both FIRs, registered in the year 1995, pertaining to two incidents, he was named as an accused for having committed offences punishable under Section 147/148/323/325 IPC and

(2.) THE respondent was acquitted in the two FIRs notwithstanding the complainant in the first FIR naming respondent as one of the four persons who had assaulted Yashpal for the reason the complainant resiled from his statement made to the police based thereon the FIR was registered pertaining to three other accused whose involvement he denied while deposing in Court but frankly admitted during cross examination that he was doing so because of a compromise entered into with the said accused and likewise being the position in the second FIR in which the complainant did not name the respondent as a part of the unlawful assembly which had entered the house of the complainant, armed with Lathis, and intimidated the persons in the house. The complainant named only four out of six persons he had named before the police as the one who entered his house.

(3.) BEING selected as a Constable (Exe.) with the Delhi Police in the year 1997 and required to fill up the enrolment form the petitioner did not disclose he being an accused in the two FIRs above noted and he being acquitted. In column 12 of the enrolment form information sought was whether the application was ever accused of having committed an offence. If yes, the nature of the offence and the fate of the charge. Further, the applicant was required to inform whether he had ever been arrested. The respondent wrote 'NO' against column 12.