MAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of two connected of FIR No. 240 registered at Police Station Garhi on December 8, 1991 for offences under Sections 216-A IPC 4(3), 3 and 6 of Terrorists and Disruptive Activities (Prevention) Act, 1987. The FIR recorded on the basis of the statement of Lakhi Ram when translated reads as under :-

(2.) SUCHA Singh and others in their petition have also placed on record a statement of Giani Ram recorded under Section 161 Cr.P.C. wherein he has supported the statement of Lakhi Ram in the same form.

(3.) BESIDE the fact that the documents placed on record establish the death of Kala Singh son of Maluk Singh on October 31, 1991. That is to say prior to the registration of the present case, the allegations made in the FIR do not speak of any harboring of Kala Singh son of Maluk Singh by any of the petitioners. The mere fact that Kala Singh was seen talking to Sucha Singh and his sons at his tubewell or to Man Singh at his Dera is no evidence of Kala Singh having been harboured by any of them. In this situation, even assuming the facts given in the FIR to be correct, no case under Section 216-A IPC and Sections 4(3), 3 and 6 of Terrorist and Disruptive Activities (Prevention) Act, 1987 is made out.