PARTAP MALIK Vs. STATE OF H.P.

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, the Petitioner has prayed for:

(2.) Brief facts are as follows:

(3.) The Petitioner was working as a Teacher in Dalhousie during the period 1990 to 1992 and thereafter joined as Editor-cum-Executive Director of Monthly Magazine 'Chankaya Bureau' at Ghaziabad (U.P.). A.F.I.R. under Section 307/34 IPC and Sections 25 & 27 of Indian Arms Act had been registered at Police Station Kihar, District Chamba, H.P. on 29.6.1993. The sum and substance of the F.I.R. is that police received a secret information on 29.6.1993 that six strangers carrying six large bags and telescope were noticed in suspicious circumstances in Adwar Chambi. On receipt of the information two constables were sent towards the concerned area. At about 4.30 p.m. three persons, namely, Abdul Latif, Mohammad Hafiz and Mohammad Yakum Khan of District Doda in J&K came to the police post Sanghani and informed that they had come from Bhadrawa and wanted to go to Rama Nand Pradhan as they were on friendly terms with him and wanted to get their names recorded in the police post as visitors. Their particulars were entered in the relevant register meant for making entries about the persons coming to the concerned area from Jammu and Kashmir. Thereafter, they were allowed to go. 10 minutes thereafter one of the constables who were deputed to go to Addwar Chambi, namely, Hem Raj returned to the Police Post and informed that there were certain strangers staying in village Jalari. On receipt of this information & police party proceeded to village Jalari and on the way came across Latif Hanif and Yakub who had come to the road from the house of Gul Mohamnad. Police made enquiries from them about the strangers noticed in the area. They denied any concern with such strangers. Further inquiry and suspicion led the police officials to apprehend Latif. In the meanwhile, Shaffi Mohammad armed with a shot-gun arrived on the spot and asked Latif to raise his hands. Latif was pushed forward by the Incharge of the Police party and thereafter firing started from the house of Gula. In the firing one Shabeer was injured. On the threat from the accomplices of Latif who were constantly firing on unarmed police party, Latiff was let off and police party ran back towards the police post. On the way they met Jaswant and Hem Raj, Constables who had in the meanwhile brought arms from the police post. Thereafter, the police party was commanded by its Incharge to take cover and start counter firing. The Incharge and constable Man Singh returned to police post, informed the Headquarter about the incident. As a result, the aforesaid F.I.R. came into being.