LAWS(DLH)-1996-2-61

MANOJ PANT Vs. STATE

Decided On February 08, 1996
MANOJ PANT Appellant
V/S
STATE OF DELHI Respondents

JUDGEMENT

(1.) It is a r lition which principally revolves around the ambit and scope of section 140 of the Delhi Police Act. However, before I come into grip with the said provision, let us have a lord-eye view of the case.

(2.) Sub-Inspector Manoj Pant of the Delhi Police is facing trial in FIR 118 of 1991 under sections 218, 220, 221, 342, 193 and 161 of the Indian Penal Code. It appears that the case was registered on the complaint made to the Station House Officer, P.S. Geeta Colony on August II, 1991 by Inspector P.S.Patwal of the Special Staff, East District. Since that report is self-speaking, I feel tempted to reproduce the same. It runs as under:

(3.) It appears that after the registration of case and during investigation statements of number of persons were recorded under section 161 of the Code of Criminal Procedure. What emerges out from the investigation makes an unfortunate reading. It appears that on August 10, 1991 the petitioner produced two persons namely Anil Kumar Solanki and Lokesh Kumar, before Inspector P.S.Patwal and told him that the said two persons had got recovered 144 duplicate gas cylinders. The Inspector, thereupon, instructed the petitioner to book them as per law and directed S.I.Shiv Raj and others who were also present there at that time, to assist the petitioner in the matter of registraton of the case and preparation of required documents. Later it was decided to get the case registered against the said two persons under section 411 of the Indian Penal Code and under Section 7 of the Essential Commodities Act and a ruqqa to that effect was written by Head Constable Aftab at the dictation of the petitioner which after having been duly signed by the petitioner, was sent to the Police Station through Constable Pawan Kumar and Sunil Kumar for registration of the case.