RAM NIWAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON 22.9.1994 at about 6 p.m. Smt. Kanta alongwith Smt. Om Pati are alleged to be going to Civil Hospital, Panipat. They boarded a rickshaw because they were to see a relative of Om Pati who was admitted in the Hospital. When the rickshaw reached near Lal Batti Chowk, both the petitioners met them. They were posted as Constables at Police Station Model Town. At the relevant time, they were in civil dress. They asked Smt. Kanta to get down from the rickshaw. She refused to oblige. She was forcibly made to get down from the Rickshaw and taken to Nanda Guest House, situated across G.T. Road. Smt. Om Pati raised an alarm. Satish Kumar son of Lal Chand Manager of Nanda Guest House asked the petitioners as to where they were taking Smt. Kanta. They slapped Satish Kumar. Smt. Kanta was taken to a room on upper floor of the Hotel. Petitioner Randhir Singh bolted the room from inside and raped her, while petitioner Ram Niwas stood as a guard outside the room.

(2.) PETITIONERS seek anticipatory bail.

(3.) HOWEVER the said argument must be taken to be devoid of any merit. This is for the reason that the said cancellation report had not been accepted and upon further investigation, challan had since been filed in Court. To state, therefore, that it was found on police investigation that no case is drawn against the petitioner would not be correct, nor help the petitioners.