SATPAL @ PAPPU JAT Vs. STATE

JUDGEMENT

(1.) This petition is directed against an order dated 16th May, 2005 passed by the learned Additional Sessions Judge ('ASJ'), Karkardooma Courts, Delhi dismissing the revision petition filed by the Petitioner against an order dated 24th December 2004 passed by the learned Additional Chief Metropolitan Magistrate ('ACMM') dismissing the complaint C.C. No. 914 of 2004

(2.) Noting an anomaly in the details recorded about the arrest and the detention of the Petitioner Satpal @ Pappu Jat, Shri P.S. Malik, learned Metropolitan Magistrate (MM) passed an order dated 5th May 2004 and thereafter brought the facts to the notice of the learned ACMM by an order dated 13th May 2004 On receiving this order, the learned ACMM sent the file back to the learned MM directing him to hold an enquiry. The learned MM examined as many as ten witnesses and in a detailed report dated 18th November 2004 of the learned MM concluded that there were "six different versions regarding the time of arrest of the accused." The learned MM found that the application seeking remand of the petitioner to judicial custody had been filed after 2 pm on 19.11.2003. According to the IO he obtained the order for judicial remand at 4.30 pm. Thereafter when he took the petitioner to the lock up in the court premises for being taken to the jail, the lock up officials refused to take the petitioner. This version contradicted that of the lock up official which showed that the last jail van had been sent after obtaining permission from the MM on duty. Also, it contradicted the version of the police that the petitioner was arrested at 5 pm since there was no question of filing an application seeking judicial remand even before arresting a person. The learned MM found discrepancies regarding the documents that showed the place of detention. The learned MM therefore concluded that "the material is full of falsity, forgery and contradiction. If any one of the sources of information regarding the arrest of the accused is taken to be true then all other documents etc. are the false and forged ones." The summary of the findings of the learned MM were :

(3.) On the basis of the report, a complaint was filed by the learned MM on 18th November 2004 in the court of the learned ACMM under Sections 200 CrPC against Inspector V.P. Singh and ASI Chet Ram for the offences under Sections Under section 166/167/466/471/474/34 IPC. On the said complaint the learned ACMM by order dated 10th December 2004 called for a report from the Deputy Commissioner of Police (DCP) or the Additional DCP (ADCP) under Section 156 (3) CrPC.