TAVINDER KUMAR Vs. STATE

JUDGEMENT

(1.) This petition has been brought under Section 482 of Code of Criminal Procedure seeking quashment of the proceedings pending in the Court of Shri R. Kumar, Special Executive Magistrate, West District Delhi under Sections 107/150 of the Code. I have heard Shri P.P. Grover, learned eoungel for .the petitioner and Mrs. Usha Kumar for the State for finally disposing of this matter. The perusal of the record show that Smt. Rani Afagh had filed a complaint with S.H.O. of Police Station Tilak Nagar on July 6, 1989 in which she pleaded that the petitioners Who are accused in case FIR No. 197 of 1986 under Sections 302/307 read with Section 34 Indian Penal Code . and Sections 25/27 of the Art Act have been threatening the complainant and her family members with dire consequences if the witnesses were to depose against them in the aforesaid case.

(2.) She alleged that on June 23, 1989 during the day time Hari Ram came at her residence alongwith a bad character and held out the threat that if the applicant and other witnesses were not to withdraw their evidence already given in the Court, they shall bear the dire consequences and he threatened that in case other witnesses gave evidence in that case against him and his sons, they will also face the dire consequences, He is also stated to have held out the threats that his son Tavinder Kumar who is on ball and other som Lalit Kumar who is a proclaimed offender in the said case would set them right and that he would also start living in the neighbourhood and get the complainant and her witnesses liquidated. It was pleaded by her that she and her family members are feeling unsafe and terrified on account of the said threats and necessary protection be afforded to her and her family members and special efforts be made to apprehend the accused who is proclaimed offender and application may be moved for getting the bail of Hari Ram and his son Tavinder Kumar cancelled from the High Court.

(3.) Statements of Mohan Lal, Chander Kanta and of the complainant were recorded on July 22, 1989 by the police and a kalendra dated July 22, 1989 was put in before the Special Executive Magistrate for taking action against Hari Ram and Tavinder under Sections 107/150, of the Code of Criminal Procedure.