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 can be prosecuted for an alleged offence punishable under section 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, in the facts and circumstances hereunder indicated :-

(3.) 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 17.7.92 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 Yadav on 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) NCR. 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.