KESHAV KUMAR Vs. STATE

JUDGEMENT

(1.) THIS Writ Petition under Article 226 and Articles 14,21 and 22 of the Constitution of India read with Section 482 Cr. P. C. For appropriate directions of enquiry into the acts of the police officials in illegally detaining the Petitioner and sending him to Tihar Jail invoking Section 107/151 cr. P. C. on a false complaint of one Ashok Kumar Munna (Respondent No. 5), a Bad character of the area and for quashing the proceedings.

(2.) PETITIONER has stated that he was a businessman and living at flat No. C-48, Karampura, Moti Nagar, New Delhi at first floor. Respondent No. 5, Ashok Kumar Munna was a known Bad Character of the area of Police Station moti Nagar. He contested the elections for the area Councilor and MLA. He was agent of local leaders and local police in illegal recovery of money from the traders and innocent people. He flourished under the patronage of local leaders and police and also was indulging in grabbing and encroaching public land. He alleged that Respondent No. 5 made unauthorized encroachment covering open public place towards rear portion of the flat and raised a construction upto the second floor, in this process, he closed the window/ventilation of Petitioner's only toilet-cum-bathroom. Against this illegal action, Petitioner had made complaints to MCD and also filed a Civil Suit No. 471/04 seeking demolition of the unauthorized construction and his right to ventilation. The Civil Suit was still pending. He submitted that on 16th July, 2006 at the instance of respondent No. 5 he was taken to Police Station and put behind bars. He was threatened by Respondent No. 2, Sub-Inspector Sudesh Ranga that unless he withdraws his complaints against Ashok Kumar Munna and expresses sorry to him and also withdraws his Court case, he would not be let off and would be harassed like that. On 16th July, 2006 he was not allowed to go home and kept illegally in Police Station. On 17th July, 2006, when respectable persons of the area went to the Police Station to give surety for the Petitioner, they were threatened by SI Sudesh Ranga and Ashok Kumar Munna, who told that he would ensure that the Petitioner was not bailed out for a week. Petitioner was produced before ACP (SEM) and was sent to Tihar Jail on 17th July, 2006. The acp did not listen to the requests and pleas of the Petitioner or his Advocate or other persons of the locality, who had come to stand surety to him. His surety was not accepted and he was sent to Judicial Custody. He was released from the Tihar Jail in the evening of 18th July, 2006. It is stated that later on Petitioner obtained certified copies of the Kalandra proceedings against him, he found that proceedings under Section 107/151 Cr. P. C were initiated against him at the instance of Ashok Kumar Munna, who had been threatening him earlier and the Petitioner had made complaints against him to police several times.

(3.) ACCORDING to the Status Report filed by the police, the stand of the police is that on 16th July, 2006, a complaint was lodged at the Police station by Ashok Kumar Munna. On receiving this complaint, Sudesh Ranga, SI (Respondent No. 2) went to the house of Petitioner and on seeing police, petitioner started abusing Respondent No. 5 and stated in the fit of rage that he would not get the toilet repaired and started shouting. As there was every apprehension of commission of some cognizable offence, Petitioner was arrested u/s 107/151 Cr. P. C. It would be worthwhile to reproduce the complaint of Ashok kumar Munna (Respondent No. 5) on the basis of which proceedings were initiated against the Petitioner. The complaint is without date. There is no stamp of receipt of it at Police Station. The complaint is addressed to SHO PS. Moti nagar and reads as under: it is prayed that I, Ashok Kumar Munna S/o Late Shri Har Sahai, I am resident of c-43 Karam Pura. My neighbour is Keshav Kumar S/o Shri Narayan Singh from whose toilet water always seeps into our house. Due to this, the entire wall has become damp and we get foul smell into our entire room. I had tried to make him understand about this problem but no solution has been found. Today when I again wanted to talk to him over this topic, he refused to talk and told that he would not get this repaired whatever I may do. He quarreled with me and did 'maarpeet', therefore I have come to Police Station for registration of report. Appropriate proceedings be initiated against him.