KUNDANLAL AGARWAL Vs. STATE

JUDGEMENT

(1.) Accused of offences punishable under sections 332 and 395 of the Indian Penal Code, the petitioners seek an order of anticipatory bail under section 438 of the Code of Criminal Procedure (for short, 'the Code') after unsuccessfully moving the Court of Session. Of the two offences, the offence punishable under Section 332 is available while the other is not.

(2.) MR . Mohanty has urged on behalf of the petitioners that there is no case against the petitioners and it is a fit case in which an order for anticipatory bail should be passed. The learned Additional Government Advocate has opposed the application. He has, however, submitted that the petitioners may not have any apprehension that on their arrest, they will be harassed and humiliated by the arresting authority.

(3.) THE case against the petitioners is that on August 20, 1985, the Inspector of Police (Vigilance), who has lodged the first information report along with the Additional Commercial Tax Officer (Vigilance), Inspector Tarafdar Sub Inspector Sahu and some other officials including two Police Constables arrived at village Ladugaon under the direction of the Superintendent of Police (Vigilance), Barhampur, to conduct raids for the purpose of detection of tax evasion. They went to the business premises of M/s Jagadish prasad Agarwal and searched for and recovered some duplicate accounts and other papers relating to tax evasion. The petitioners attempted to snatch away the duplicate accounts from the hands of the Sub -Inspector Sahu forcibly when the duplicate accounts were being sub mined after their seizure along with the regular account books. The petitioner Kundanlal attempted to snatch away the account books from the hands of the Sales Tax Inspector being assisted by his younger brother and nephew Jugal Kishore Agarwal (petitioner). In the meantime, the petitioner Prahallad called out persons to come and help them. The petitioners Nandakishore and Ramabatar and others entered the business premises and manhandled the Sales Tax Inspector causing bleeding injuries on his person. They pushed the first informant and Inspector tarafdar. The petitioner Kudanlal snatched away the duplicate account book and the stock list and handed them over to the petitioner Nandkishore. When the inspector of Police and a Police Constable tried to Prevent this action, the petitioner Nandakishore assaulted and pushed them with the help of others and ran away with the papers. The petitioners have been implicated in the report and in the course of investigation when some officials were discharging their duties as public servants, the Petitioners took law into their own hand, and forcibly assaulated them and took away the papers from the custody of the officials. It may not appropriately said at this stage that a false case has been foisted against Their actions were certainly highhanded.