PAWAN AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Pawan , Babloo and Anand, the petitioners have brought this petition under the provisions of section 482 Cr.P.C., for quashing of FIR No. 826 dated 07.09.2011 registered at Police Station Chandni Bagh, District Panipat, for an offence punishable under sections 398 and 401 IPC and section 25 of the Arms Act alongwith all consequential proceedings arising therefrom.

(2.) As per the FIR, the case is that ASI Jai Bir Singh alongwith other police officials was present at Gohana turning for checking on 07.09.2011. There he received a secret information that three young boys carrying pistols were trying to loot the passersby at the west wall of New Grain Market and that if a raid was conducted, they could be apprehended with weapons. The information was taken as reliable and telling Bijender Singh,EHC to change into civvies, Jai Bir Singh, ASI asked him to reach the said place. Three young boys armed with pistols stopped him and on giving signal by Bijender Singh,EHC, the police party reached there and apprehended the accused. From them fire arms were recovered.

(3.) Learned counsel for the petitioners has contended that the occurrence is shown to have taken place in the FIR at 9.15 PM and the entry in the daily diary of the police station was made at 9.35 PM. According to him, on 07.09.2011 itself Kavita wife of Pawan Kumar filed a criminal writ petition under the provisions of Article 226 of the Constitution of India for issuance of a writ in the nature of habeas corpus for release of Pawan Kumar claiming that he was in illegal custody of the police of Police Station Chandni Bagh w.e.f. the night intervening 2 nd and 3 rd of September 2011. According to him, warrant officer was appointed in the said petition who went to Police Station Chandni Bagh and found Pawan Kumar to be in custody of the police but by that time, police had already registered a case against Pawan Kumar. According to him, there was no reason for Kavita to have filed a criminal writ petition on 07.09.2011 if by the time of the filing of the same her husband had not been taken into custody by the police. He then drew my attention to Annexure P-4, a copy of application filed for exemption of personal appearance of Babloo, another petitioner in this case in the court of learned Additional Sessions Judge, Rohini, Delhi wherein it was claimed that Babloo has been lifted from his house on the last night by some police officials for the purpose of investigation and had not been released so far.