B R CHOPRA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner was driven to register this petition under Articles 226 and 227 of the Constitution of India on the basis of a newspaper report which had been published in the national press very recently in which it was stated that the petitioner, even though a registered bad character at police station. Kalkaji New Delhi, had thrown a dinner party at his farm house at Mehrauli in which very high officers of the State participated. This was perhaps done to show that the petitioner, even though a bad character, has links with very high officials and this was not taken notice of by the high officials of the State who attended the party. In all probability this was done to show how bad characters are linked with high officials of the State. For a while this undoubtedly caused furore in the enlightened section of the society and many eye brows were raised as to what sort of things are happening. In fact, this newspaper report led even to a raid of the firm house and the business premises of the petitioner.

(2.) . The petitioner's case is that this caused him a great deal of anxiety and despite his best efforts to know the details and the reason of his being described as a history- sheeter at police station Kalkaji, he got no help. He as such has moved this petition with the prayer that this court may call for the records and quash the entry about the petitioner as history sheeter at police station Kalkaji and direct the police station to destory such record.

(3.) . It appears that it was only after this newspaper report and after a great deal of efforts put in by the Petitioner that he came to know that a history sheet was opened against him. A case FIR No. 136 of 1963 police station Civil Lines had been registered against the petitioner under sections 3 and 4 of Suppression of Immoral Traffic Act in which he was involved with two more persons, one V.S. Garg a partner and the other a Manager of the hotel. At the relevant time the petitioner was a partner with V. S. Garg in the then Grand Hotel. The petitioner submits that his name was not even menioned in that F.I.R. and that he was arrayed as accused three days after the registration of the case. He further submits that he was acquited in the said case on 3rd October 1968 by the order of Shri P. V. Jai Kishan, S.D.M. Delhi. According to him the whole case was fabricated and false and that this case was falsely recorded against him by one Mr. Bathura D.S.P. on account of animosity.