INDU BALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Smt.Indu Bala, through present petition filed by her under Section 482, Criminal Procedure Code, seeks quashing of the Police Calendar under Section 109 of the Code of Criminal Procedure and subsequent proceedings initiated thereon against her by the Sub Divisional Magistrate Ambala.

(2.) The Police Calendar, copy whereof has been annexed to the petition as Annexure P-1, reads thus, D.D.R. No. 16 dated 27.9.1993 P.S. Baldev Nagar, Calendar under Section 109 of Cr. P. Code. Sir, The facts of this Calendar are briefly to the effect that when I, S.I./S.H.O. along with Ramesh Kumar, C. No. 581 were present on the bridge in respect of patrolling in a Government Vehicle i.e. Jeep No. HQ 4250 being driven by the Driver Constable Roop Chand 1043, we found a fiat car parked on the link road leading towards Dhul Kot at a point near the fields. I, S.I./S.H.O. reached the spot to check this parked vehicle. On our checking the number of the Fiat Car was found as H.R.0l/6162. The glass panes of the windows of the car were raised and on peeping through the glasses we found man and a woman in embracing position, we overpowered them and on taking them out of the car the person on enquiry told his name as Ramesh Kumar son of Shiv Dayal caste Brahmin resident of Kalka while the woman stated her name to be Sudesh Kumari wife of Ramesh Kumar. On repeating the enquiry by me in respect of name the person told his name as Puran Gogia son of Harbans Lal resident of 6148/6 Kabari Bazar Ambala Cantt while the woman told her real name as Indu Bala W/0 Kasturi Lal Malhotra resident of 567/13-A, Prem Nagar, Ambala City. The accused Indu Bala and Puran Gogia were present in the car with a view to adultery and they concealed their real names and addresses and they also could not state any solid reasons for coming to this place. They were arrested under Sections 41(2) and 109 of the Code of. Criminal Procedure and their personal search was effected and the articles of recovery were taken into custody. The calendar is produced in the Court. Action be taken. Fiat Car No. HRO-01/6162 has also been taken into custody.

(3.) Section 109 of the Code of Criminal Procedure is with regard to security for. good behaviour from suspected persons. When a Magistrate receives information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to commit a cognizable offence, the Magistrate may, in the manner provided in the Code, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year. The core of the offence lies in concealing ones presence and the purpose of concealing being to commit cognizable offence. The learned State counsel, even with his best endeavours, has not been able to state as to what cognizable offence the petitioner was likely to commit, or was committing, if she was indulging in sexual intercourse with another with the consent of each other. The ingredients of Section 109 of the Code of Criminal Procedure were thus not at all attracted and the petitioner thus could not be proceeded and ordered to execute a bond for her good behaviour. Inasmuch as the Calendar, Annexure P-1, which is under Section 109 of the Code of Criminal Procedure, has 10 end in the only result of discharging the petitioner, no meaningful purpose shall be achieved in proceeding with the said calendar, and the same as also the subsequent proceedings, if any, that might have been taken, are quashed. Petition allowed.