NAVKIRAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code") for quashing the complaint (Annexure PI) filed by 'respondent No. 2 i. e. the Superintendent. Security Jail. Nabha. against the petitioner, for an offence under Section 42 of the Prisons Act, 1894 (hereinafter referred to as 'the Act") read with the relevant Rules framed thereunder and contained in the Punjab Jail Manual, and pending in the Court of Sub-Division Judicial Magistrate. Nabha.

(2.) THE necessary facts for the disposal of this petition are that the petitioner, a practising Advocate of this Court, visited Nabha Jail on 28-10-1995. He moved an application (Annexure R-1) before the Superintendent Jail. Nabha. (Purported to be under Para 560-A of the Manual)seeking interview with seven detenus including Jasbir Singh named therein. During the course of his interview, the under-trial Jasbir Singh handed over an application (Annexure P. 2) to the petitioner, purported to have been written by Dalip Singh and 7 other under-trials lodged in the said Jail, addressed to Hon'ble Chief Justice of this Court seeking relief against the alleged corrupt and uncalled attitude of (he jail officials. On the basis of this application Writ Petition No. 1153 of 1995, titled as Dalip Singh Versus State of Punjab and another was filed by the petitioner, representing himself as an Advocate/counsel for Dalip Singh petitioner (under-trial ).

(3.) NOTICE was given to the respondents. In reply, it has been admitted that the petitioner was permitted to have interview with 7 detenus named in Annexure R. I on 28-10-1995 in accordance with para 560 of Punjab Jail Manual. It has been stated that the petitioner removed the letter/application (Annexure P. 2) without bringing the same into the notice of respondent No. 2, which is a prohibited article and this act on the part of the petitioner is punishable Under Section 42 of the Act. The allegations of mala fide have been denied. While referring to the allegations against the jail staff, it has been stated that during the enquiry the allegations were found to be baseless.