RULDA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER -Rulda Ram is running an ice factory at village Kishanpure, Tehsil Thanesar, District Kurukshetra. It is alleged that there are two other ice factories in village Devidaspura owned by Amar Nath s/o Sawan Ram and Charanjit Singh son of Amar Nath. Between the petitioner on one side and Amar Nath and Charanjit Singh, there has been number of cases which are pending. As per the petitioner these two persons thought of involving the petitioner in certain cases with a view to settle the old scores. They conspired with Jai Narain, Moharrir Head Constable of Police Station Sadar, Pipli. An amount of Rs. 15,000/- was paid to Jai Narain. Jai Narain arranged two kilograms of poppy husk and on 5.10.1994, one Amar Singh son of Nand Kishore placed the said two kilograms of poppy husk in the fields of the petitioner. Amar Singh informed and MHC Jai Narain about it. In turn Jai Narain informed the officer-in-charge of the police station that he has received secret information in this regard. A raid was conducted and poppy husk was got recovered at the instance of Amar Singh.

(2.) THE officer-in-charge of the police station rather than going ahead with the registration of the case, directed ASI Rameshwar Dass to enquire into the matter. ASI Rameshwar Dass submitted his report on 7.10.1994. It was favourable to the petitioner. The officer-in-charge of the police station personally enquired into the matter and concluded that it was Jai Narain who was really involved and the petitioner was falsely implicated. The petitioner on coming to know about it, sent a complaint to the Superintendent of Police, Kurukshetra. Affidavits of Charanjit Singh and Amar Singh were sworn that they were asked by Jai Narain to involve the petitioner in a criminal case. The Superintendent of Police, Kurukshetra submitted a report to the District Magistrate seeking permission to proceed against Jai Narain. As a result thereto Jai Narain was placed under suspension. Subsequently, the suspension order was revoked. The petitioner prays that a case should be registered against the guilty persons.

(3.) IN the separate reply filed by Amar Nath and Charanjit Singh, it was highlighted that there has been previous litigation pending between the parties. Petitioner is stated to be facing trial under Sections 406/420 Indian Penal Code at police station Thanesar. The report of the officer-in- charge of the police station is assailed pleading that he seemingly is bearing a grudge against Jai Narain, Head Constable.