LAWS(P&H)-1995-10-90

PALLU ALIAS PEHLWAN SINGH Vs. STATE OF HARYANA

Decided On October 09, 1995
Pallu Alias Pehlwan Singh Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) MRS . Neena Madan candidly admits that no criminal case was registered against the petitioner earlier. In the petition, Mr. Deol has mentioned the motive with which the petitioner is falsely implicated in this case. Earlier, the petitioner's cousin brother Gurdeep Singh filed a Heabeas Corpus petition bearing No. 317 of 1995 regarding illegal detention of Gurmeet Singh and Sucha Singh, who is brother of the petitioner. A Warrant Officer was appointed and Gurmeet Singh was recovered. Sucha Singh was also present who met the Warrant Officer. Thereafter, a criminal complaint under Sections 323/342/504, 506 and 149 of the Indian Penal Code was filed against the Station House Officer and other police officials of Police Post Marh and Police Station Rati wherein Sucha Singh is shown to be a witness.

(2.) PETITIONER 's contention is that because of these earlier proceedings, he and his brother have been falsely implicated in this case under Section 15 of the N.D. and P.S. Act. According to him, the facts disclosed in the FIR appear to be highly improbable.