V K SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner is a Journalist and has preferred this petition in Public Interest, with the allegation that in the intervening night of 10th and 11th of November, 1996, one Raghuveer Singh Jaat, a Defence Security Personnel, after causing injuries to his colleagues Teja Singh and Veer Bahadur Sahai, looted the defence armoury consisting of 280 live cartridges and 4 sten carbines and managed to escape from Gwalior. Injured Teja Singh died; whereas, Guard Veer Bahadur Sahai could survive. On the report of the incident, the case under Sections 302, 307 and 194 of I.P.C. was registered at University Police Station, Gwalior.

(2.) However, the offender Raghuveer Singh was apprehended by Jind Police of Haryana on the next day, under Section 25/27 of the Arms Act. On the information received at Gwalior, a police party was deputed to bring the said offender Raghuveer Singh from Jind to Gwalior. Intervenor Manjal Singh, C.S.P., led the police-party. The Police-party consisted of 2 Deputy Superintendent of Police, 1 Sub-Inspector, 3 Head Constables and 7 Constables. Intervenor Mangal Singh was the City Superintendent of Police at the relevant time. The Police-party took the custody of accused Raghuveer Singh Jaat from Haryana Police, and after taking the journey, remand from the Court, the party left for Gwalior with the accused. Accused Raghuveer Singh Jaat, on way, managed to take possession of 4 sten carbines along with 280 live cartridges, which were recovered from him, and he managed his escape, when the Police-party had stopped at Naresh Dhaba on Delhi-Bombay Highway for taking dinner. A report of this incident was lodged with Police Palwal (Haryana) under Section 224 of I.P.C.

(3.) It is contended by the petitioner that in such a serious incident, which clearly demonstrated the commission of offences under Sections 128, 129 and 130 of I.P.C. by the Police-party, no action is being taken against anyone for the offences punishable under the above Sections.