RAMESH CHANDRA BISWAS Vs. STATE

JUDGEMENT

(1.) THE question emerging for consideration in the instant Revisional Application by the Petitioner under Section 482 of the code of Criminal Procedure. 1973 is whether a police officer punishable under Sections 201/218, I. P. C. , on the allegation that by fabricating false records/evidence he had started false cases against some offenders in a murder case by showing them arrested in those false cases, when the trial of those offenders in the alleged false and fabricated cases had ended in their conviction. The point may as well be posed somewhat differently as to whether a proceeding can be allowed to continue against a police officer on the allegation that he fabricated false records/evidence and started false cases against some accused persons with a view to screen them in a murder case when the facts in issue in the alleged false cases had already been determined by a court of competent jurisdiction on trial ending in their conviction.

(2.) THE aforesaid questions arise, to the facts and circumstances hereunder indicated:-On 19. 7. 92 at 20. 05 hours a G. D Entry was recorded by the petitioner, S. I. Ramesh Chandra Biswas, being G. D. E. No. 946 dated 19. 7. 92 recording the fact of arrest of (1) Harishankar Yadav, (2)Jogendar Yadav, (3) Sunil Yadav, and (4) Munim Yadav, under section 42, Cr. P. C. , for commission offences punishable under section 290 I. P. C. The petitioner had thereupon prepared two reports for prosecution on that date being (1) N. C. R. No. 332/92 against the accused Harishankar Yadav and Jogendar Yadavon the allegation that on 19. 7. 92 at about 18. 45 hours they were creating "hulla" near urbashi Cinema Hall, using filthy language to the passers-by and had thereby caused annoyance and disturbance to the general public, peace and tranquility, and (2) N. C. R. No 333/92 against the accused Sunil and Munim Yadav on the allegation that on 19. 7. 92 at about 19. 05 hours they were creating "hulla" near Roopnarayanpur h. C. Security Gate, causing nuisance and disturbance to the general public, peace and tranquility under influence of liquor.

(3.) ON the same very day (19. 7. 92) Asansol P. S. Case 145/92 dated 19. 7. 92 under Section 302/120b/34, I. P. C. , Sections 25/27, Arms Act, and Section 9 (b) (3) of the I. B. Act was started upon a written complaint by the informant Gopal Prasad, the added O. P. No. 2 herein, against the aforesaid four accused persons and seven others on the allegation that on that day (19. 7. 92) around 19. 00 hours when he was returning home from a nearby market, along with his neighbourers, one Lalan Prasad was also found proceeding towards the same direction. On reaching Jiutdanga they had noticed the accused persons, named in the F. I. R. (including the aforesaid four accused in the aforesaid N. C. R. Nos. 332 of 1992), coming out of a side lane and standing in front of said Lalan Prasad. They threw two bombs at Kim as a result of which he (Lalan Prasad) fell down on the ground, and the accused Jogindar Yadav started firing at him from a pipe-gun. The informant Gopal Prasad and his companions had thereupon raised alarm as a result of which the neighbouring people had rushed to the spot, whereupon the aforesaid assailants had fled away. The said Lalan prasad was immediately removed to the Assansol Sub-Divisional Hospital where he had eventually succumbed to his injuries. It is also stated in the f. I. R. that the accused Ukil Yadav and his family were at loggerheads with the family of Lalan Prasad, and they were on the look out for an opportunity for killing him. He had eventually been attacked on that day with the intention of murdering him.