NIKKA SINGH Vs. STATE

JUDGEMENT

(1.) Vide this petition under Section 482 Cr.P.C. the petitioner seeks issuance of suitable directions to the respondents to provide security of life, liberty and property. A further direction has been sought to register a case against respondents No.3, 4 and other police officials who may be found guilty.

(2.) In para No.5 of the petition, it is alleged that while granting anticipatory bail to the petitioner vide order dated 24.6.1997, the Sessions Judge, Roopnagar had directed the police officials to give seven days prior notice in the event of his arrest. However, in spite of order passed by the Sessions Judge, the petitioner was illegally detained on different occasions from Ist August to 5th August, 1997 In para No.7, it is alleged that father of the petitioner moved an application in the Court of SDJM, Anandpur Sahib for taking legal action against the erring police officials. On the said application show cause notice was issued to SI Arjan Dev and the learned SDJM after considering the explanation of ASI, warned him to be careful in future as per order dated 7.8.1997. It is alleged that petitioner was handcuffed by the police officials after his arrest, which is evident from the photographs, Annexure P-5 and P-6.

(3.) A reply by way of affidavit of Ram Singh, IPS, ASP, Anandpur Sahib, has been filed on behalf of the State. In the reply, it is categorically stated that petitioner was not detained from 1.8.1997 to 5.8.1997. However, he was arrested on 5.8.1997 by ASI Didar Singh in case registered vide FIR No.53 dated 27.7.1997 under Sections 506/307 IPC at P.S. Nangal after giving 7 days notice and was produced in the Court of SDJM, Anandpur Sahib on the same day. The Court remanded him to police custody till 7.8.1997. On 7.8.1997, he was formally arrested in connection with FIR No.46 dated 21.7.1997 under sections 406/408, P.S. Nangal. It is admitted in the reply that a show cause notice was issued to SI Arjan Dev. With regard to putting handcuffs on the petitioner, it is stated in para 10 of the reply that accused Nikka Singh was brought from Police Station by ASI Didar Singh of P.S. Naya Nangal and was produced in the Court of SDJM. But it is not certain whether he was handcuffed or not.