MANSOOR Vs. THE STATE OF UP

JUDGEMENT

(1.) These are two connected criminal appeals arising out of the judgment of the Special Judge Meerut, dated 27th of February 1969, in Cr. Case No. 3/9 of 1968. Cr. A. No. 504 of 1969 is by Mansoor filed through Sri G.P. Dikshit Advocate. Cr. A. No. 524 of 1969 has been filed by Mansoor and Udal through Sri D.P. Mittal Advocate. The charge against the two appellants was that on 29th of August 1967 at about 11:10 a.m. they obtained a sum of Rs. 50/ - from one Najamuddin alias Najamu allegedly for the police of out post Khair Nagar, a gratification as a motive or reward for inducing by corrupt and illegal means the police of the said outpost to forbear from taking any action against him and thereby committed an offence punishable u/S. 162 IPC

(2.) Briefly stated the case for the prosecution is that Najamuddin is a blacksmith and does the work of casting machine parts. On 25th of August 1967 Manzoor Ahmad and Mahabir Singh constables of outpost Khairnagar are said to have received information that there was some stolen property in the shop of Najamuddin in Mohalla Khairnagar. The two constables visited the shop of Najam Uddin and seized 12 steel plates which bore the mark "Hydroelectric Department". Najamuddin was taken into custody and was taken to the police station Railway Road. It is said that the head constable there persuaded Najamuddin to pay a sum of Rs. 200/ - assuring that if he paid the amount the case would be dropped. Najamuddin expressed his inability to make the payment and he was produced before Sri Jai Prakash Garg, Station Officer of police station Railway Road. During interrogation Najamuddin told him that he had purchased the steel plates from one Haji Pahara. In support of his case that Haji Pahara was manufacturing such steel plates as were recovered from Najamuddin, Najam Uddin got the cast from which the plates were prepared from the shop of Haji Pahara. After looking into the cast, the Station Officer permitted Najam Uddin to go but directed him to come to the police station next day along with Haji Pahara. Next day Haji Pahara was not available to Najam Uddin. When, Najam Uddin went to the police station and told the Station Officer that Haji Pahara had gone out and would not be available before 15 or 20 days, the Station Officer abused him and asked him to keep sitting at the Thana. At about 4 P.M. Najamuddin's brother Qamar Uddin came to the Thana and had a talk with the Head Constable of police station Railway Road. At the suggestion of the Head Constable, Qamruddin brought two sureties for offering bail and also paid a sum of Rs. 25/ - to the Head Constable. Najam Uddin was thereafter permitted to leave the police station.

(3.) It is said that on 27th August 1967 the two accused Mansoor and Udal who had the reputation of being police touts and informers came to the shop of Najamuddin. They told him that if he paid a sum of Rs. 200/ - for the two head constables of out post Khairnagar the case against him would be dropped. Najam Uddin expressed his inability to make the payment to the two accused who went away. Next morning i.e. on 28th August 1967, the two accused again came to Najam Uddin and told him that if he could not pay Rs. 200/ - he may pay some thing less and that they would persuade the two constables to accept the same. Najam Uddin told the accused that the maximum amount that he could afford to pay was Rs. 50/ -. The two accused thereafter went away saying that they would enquire from the two constables and would tell him later on whether the transaction could be settled for a sum of Rs. 50/ -. The same evening the two accused again came to the shop of Najam Uddin and told him that he should keep Rs. 50/ - ready with him on the next day i.e. 29th August 1967 and that they would come and take the money near -about 11 or 12 o'clock in the noon. According to the prosecution case Najam Uddin contacted one Sri Ram Nath Bhalla, who also had a workshop in Mohalla Khair Nagar close to the shop of Najam Uddin. Ram Nath Bhalla advised Najam Uddin to make a written complaint to the Circle Officer (City). Najam Uddin accepted the advice and got an application Ex. Ka 1 written out by Ram Nath Bhalla. After writing the complaint Ram Nath Bhalla and Najam Uddin carried it to the house of Sri Vijay Singh Circle Officer (City). They told all the facts to the Circle Officer and produced the written complaint. The Circle Officer asked Najam Uddin if he had money ready with him for being paid to the accused. Najam Uddin then produced five currency notes of Rs. 10/ - each. The Circle Officer noted the numbers of these notes on the reverse of the complaint. He then sent for Sri Satya Deo Yadav, Sub -Inspector & handed over the application to him and directed him to take action in the matter according to law.