PRITAM DASS Vs. STATE

JUDGEMENT

(1.) This Revision Petition has a chequered history. The facts giving rise to this petition succinctly are that Radha Kishan Vij, petitioner No. 2, was formerly residing as a tenant in house No. H-5/13, Krishan Nagar, Delhi, belonging to Hans Raj father of Ashok Kumar. respondent No. 2. At the relevant time he was residing at house No. C-25, New Govind Puri, East Delhi. On 9th April 1970 he lodged a complaint with the Officer Incharge, Police Post Krishan Nagar against Ashok Kumar, respondent No. 2 alleging that the latter was shadowing his daughter Miss Vanita, who was employed at Pusa Institute and as such bad to go to her office every day. Respondent No. 2 would even pass indecent remarks on seeing her with the result that all of them including Vanita were very much perturbed. Radha Kishan had brought this fact to the notice of Ashok Kumar's father but in vain. So he requested the police to save them from the activities of Ashok Kumar who was a rowdy and was harassing them. He was even threatening to kill them. On 10th April 1970, Thakur Chander Badan Singh, petitioner No. 3, who was then posted as Subinspector Incharge. Police Post Krishan Nagar, was on patrol alongwith a constable. As he reached bus stop Radha Puri at about 10 A.M. he saw Ashok Kumar standing there. Miss Vanita Vij too reached there in the meantime. On seeing her, Ashok Kumar blew a whistle to which she objected but Ashok Kumar persisted in his misbehaviour and addressing Vanita he said, "Sohaneo Koochh Hamare Pay Raham Karo". (O beautiful, have mercy on me). Both Radha Kishan and Pritam Dass petitioners too arrived there in the meanwhile. Apprehending that in case preventive action was not taken respondent No. 2 may not commit any cognizable crime by outraging her modesty. Thakur Chander Badan Singh arrested respondent No. 2 then and there and took him to the Police Station. On the same day he submitted a Kalender i.e. report to the Sub-Divisional Magistrate, Shahdara, for initiation of security proceeding under Section 107/51, Code of Criminal Procedure (hereinafter referred to as 'the Code'), against Ashok Kumar. During the pendency of the proceedings Radha Kishan moved an application dated 24th April, 1970, inter alia, stating that Ashok Kumar was a bad character and he was still persisting in his misbehaviour by shadowing and teasing Vanita whenever she went out of her house tor attending work. He further stated that respondent No. 2 when requested not to misbehave with Vanita, instead of mending himself threatened him with dire consequences. Still later, Radha Kishan made another application dated 28th November, 1970 to the Sub-Divisional Masistrate about the continued misbehaviour on the part of Ashok Kumar, respondent. He further alleged that his daughter had received one letter dated 24th November, 1970 purporting to have been posted by someone in the fictitious name of Subhash from Gaziabad. However, the postal stamp borne on the envelope indicated Delhi as place of posting.

(2.) Pritam Dass, petitioner No. 1. Radha Kishan Vij, petitioner No. 2 and Thakur Chander Badan Singh. petitioner No. 3 besides some others appeared as prosecution witnesses in the said proceedings. They reiterated the allegations contained in the report lodged by Radha Kishan and the report drawn up by Thakur Chancier Badan Singh with regard to the incident dated 10th April 1970. According to all of them, Ashok Kumar used to blow whistle and pass indecent remarks on Vanita in order to tease her and have sadistic pleasure. He would even say that he would marry Vanita and none else.

(3.) The Sub-Divisional Magistrate vide his order dated 7th January, 1971 directed Ashok Kumar, respondent, to furnish a bond for keeping peace for a period of one year. Feeling aggrieved, he filed a revision petition which was heard by on Additional Sessions Judge, the Additional Sessions Judge upheld the order of the Sub-Divisional Magistrate but reduced the period of security to four months. Still not satisfied, the respondent Ashok Kumar filed revision petition in the High Court. M. R. A. Ansari, J. who heard the revision petition, remanded the case vide his order dated 4th May, 1973 with the direction that the matter be heard and decided afresh on merits by another Additional Sessions Judge. Accordingly, it was heard by Shri M. K. Chawla. Additional Sessions Judge (a. his Lordship then was). Vide his order dated 4th June 1973 Shri Chawla held that the prosecution had miserably failed to bring the case within the ambit of Section 107 /151 of the Code. He, therefore, set aside the "conviction and sentence" awarded by the trial Magistrate, accepted his appeal and "acquitted" him (i.e. Ashok Kumar, respondent No. 2).