SHIV DUTT SALWAN Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) This petition under S. 482 of the Code of Criminal Procedure, 1973 put up by the petitioner S.D. Salwan prays for the quashing of FIR No. 17 of 19il as also the consequent prosecution launched by the state against him through Police Station Rajinder Nagar under S. 506 IPC in case State v. S.D. Salwan pending in the court of Shri Nepal Singh, Metropolitan Magistrate, Delhi.

(2.) The perusal of the First Information Report No. 17 dated 8-1-1981 shows the complaint having been made on 7-1-1981 by one C.L. Chawla, General Secretary of Salwan Public School Teachers Association. The allegations are contained in paragraph 5 of the said complaint which reads as follows:

(3.) It would be seen that the name of the injured employee referred to in paragraph 5 of the complaint has not been mentioned nor the name of his family members to whom the threats are alleged to have been given. The challan in its column No. 6 gives the names and addresses of the witnesses for the presecution in this case but it is asserted by the learned counsel for the petitoner as also conceded at the Bar by Mr. Sodhi representing the State that none of them includes the injured nor any of his family members. The aforesaid injured person is an injured person in some other case and not in the case in hand but threats are alleged to have been given to him by the petitioner as also to his family members. The injured and his family members to whom threats are alleged to have been issued in the aforesaid case could be best persons to depose as witnesses in this case and in the absence of their statements the case of the prosecution just l(oks sham.) This inference is further fortified from the fact that the aforesaid complaint Was made on 7-1-1981 to the Chief Secretary, Delhi Administration and not to the police and furthermore on that day as many as 40 police and constables including some head constables had been deputed by the police in and around the premises of Salwan Public School, New Delhi on the request of the management of this school and a bank-draft for Rs. 14,649.00 was issued by the school management in favour of the Commissioner of Police, Delhi for the charges of the police deployed in the said school for the protection of the school's properties from 1-1-1981 to 73-1-1981 except on 3rd, 4th and 5th January 1981. If as may as 40 police constables were posted in or around the premises of this school on 7-1-1981, the petitioner could not reasonably be expected to have the temerity to issue threats to anyone as is stated in the statements of the witnesses subsequently recorded by the police. If any thing had happened the same could not have gone unnoticed and if noticed the police cases would have been registered on the basis of the same but nothing of the sort appears to have happened. Under these circumstances, the aforesaid complaint appears to be false and without any foundation. There is a letter dated 21-4-1984 by then Lt. Governor Mr. Jagmohan wherefrom the relevant para is reproduced as under :