RAMESH KUMAR Vs. STATE

JUDGEMENT

(1.) On 8.9-1986, the S.H.O. P.S. Mehrauli, filed a Kalandara u/s. 412/109 Cr.P.C. in the Court of Shri Ravi Malik, S.D M. (South), New Delhi alleging therein that Head Constable Balbir Siogh along with Constable Karam Chand were present at the bus terminal Mehrauli at about 12.15 P.M. At that time, one boy came out of the bus and started running. The people present there shouted "chor chor pakdo pakdo". The Police persons who were present at the bus terminal in connection with the patrolling duty immediately followed the accused and apprehended him, at about 15-20 paces. On interrogation, he disclosed his name as Ramesh Kumar, but could not explain as to in what connection he was present there. By that time some of the people shouted that the person apprehended is a bad character and has tried to pick the pocket of a passenger. Under these circumstances, the accused was produced before the S.H.O. who directed his arrest u/s. 412/109 Cr.P C. His personal search was conducted which yielded the recoveiy of Rs. 250.00 in cash, one wrist watch, one handkerchief, one purse and a bunch of keys. The property was deposited in the Malkhana. Later on by the order of S.D.M. South, the accused was sent to judicial custody.

(2.) The petitioner-accused has moved the present petition for the quashing of the proceedings pending against him before the S.D.M. South, on the short ground that he and his father Jug Lal and his brother Kishan Lal are the prosecution witnesses in a murder case-Slate v. Sohan Lal, which is pending in the court of Shri V.B.Bansal, Addl. Sessions Judge, New Delhi. The local police were not investigating the case properly and on their representation, the investigation was transferred to the Crime Branch. On this account, the local police had become inimical to the whole of the family. On 10-7-76, while the petitioner was filling pits with malba (debris), with the use of his vehicle DIL 8156 in his land, the learned S D.M. Shri Ravi Kumar came there and took away the registration papers of the vehicle. These papers were not returned in spite of his repeated visits to the office of the S.D.M. as well as the Police Station. On 15-7-86. the learned S.D.M. got registered a case u/s 447 Indian Penal Code against the father of the petitioner on the allegation that he had encroached upon the gaon sabha land. Thereafter, the petitioner sent numerous representations to the higher authorities for the return of the registration papers of his vehicle as well as bringing to their notice the treatment being meted out to his family members by the Police. The petitioner has been falsely implicated in the present proceedings inasmuch as there is no evidence worth the name to connect him with the offence.

(3.) The petition is opposed by the State and the learned counsel has tried to distinguish the present proceedings initiated on the basis of the kalandara and the alleged seizure of the documents concerning the petitioner's vehicle by the S.D.M. According to learned counsel, truth of the matter cannot be ascertained unless and until the proceedings under Section 109 Cr.P.C. are allowed to go on.