ROSHAN LAL MISHRA Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner Roshan Lal Mishra has filed this petition under Section 438 of the Code of Criminal Procedure for the grant of pre -arrest bail in case registered with Police Station (West), Shimla in terms of First Information Report No. 144 of 2001, dated May 28, 2001 for offences punishable under Sections 419, 42u, 468, 469, 471, 511 and 120 -B IPC. Few facts may be noticed:

(2.) Shri Rattan Singh is a sitting Member of the H.P. Legislative Assembly from 18 -Paonta Doon Constituency. It appears, a fax letter was received by the Speaker of the H.P. Vidhan Sabha on May 21, 2001 purporting to be from Shri Rattan Singh MLA resigning from Membership of the Vidhan Sabha. The letter was dated May 21, 2001. Ob May 23, 2001. Shri Rattan Singh appeared before the Honble Speaker and denied having written/sent any letter of resignation dated May 19, 2001 from the membership of H.P. Vidhan Sabha. He also gave a letter in person to the Honble Speaker stating that the resignation letter was a conspiracy by his political detractors and demanded a police inquiry into the matter for taking suitable action against the person(s) who sent this forged letter of resignation. The Secretary, Vidhan Sabha on May 26, 2001 sent copies of these two letters to the Director General of Police with a request to take suitable action after necessary inquiry. Pursuant to the letter of the Secretary Vidhan Sabha, a case, as notice above, was registered with Police Station (West) Shimla on May 28, 2001.

(3.) The investigation of the case was entrusted to the State CID after the registration of the case.