NARESH KUMAR Vs. STATE

JUDGEMENT

(1.) This revision petiton is diercted against notice dated 18th July, 1984 of a Metropolitan Magistrate whereunder he read out the substance of accusation to the petitioner requiring him to show-cause why he should not be tried for an offence under Section 93 read with Section 97 of the Delhi Police Act (for short 'the Act').

(2.) The facts leading to this revision petition in brief are that on 28th June, 1984, SI Arvind Kumar of Police Station Kingsway Camp recorded in the daily diary 'A' at serial No. 10 that while he was present on patrol in his Illaqa at about 3-30 P.M. on that day, Smt. Shanti Devi r/o. B-38, Vijay Nagar, accosted him and told him that her younger son Naresh Kumar, viz. the present petitioner, was misbehaving with her and he did not permit her to boil milk in the kitchen on that morning. She further complained that the petitioner was using threatening language towards her some litigation was already pending between them regarding the property bequeathed by he husband. Upon this, the SI Arvind Kumar went t misbehaviour. Finding that public peace was being disturbed by the petitioner, he arrested the petitioner under Section 93/97 of the Act.

(3.) A Kalendra was put in against the petitioner on the aforesaid allegations and substance of accusation was read out to the petitioner on its basis.