HUSSAIN MOHD Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) CR.M.P.(M) Nos. 425 and 426 of 2012 have been filed by Hussain Mohd.and Rangi Lal respectively under Section 438 CR.P.C. for releasing them on bail in FIR No.168/2012 dated 14.05.2012, registered at Police Station, Paonta Sahib, under Sections 384, 34 IPC.

(2.) IT has been stated that petitioners are truck operators. The petitioners have been falsely implicated in the case just to harass them. The petitioners have raised the issue of collection of illegal tax by truck operators society in connivance with police. The petitioners have filed C.W.P. No. 10826 of 2011 and Contempt Petition No.165 of 2012 against the police officials and 'Anj-Bhoj Truck Operators Co-operative Society in the High Court, in which various orders have been passed by the High Court directing the police, the administration and the society has been restrained from collecting illegal tax from truck operators. The police is pressurizing the petitioners to withdraw the writ petition and contempt petition. IT has been stated that in order to harass the petitioners a false case has been registered against the petitioners. The petitioners are innocent, they have committed no offence, but on account of registration of above case the petitioners are apprehending their arrest.

(3.) THE status report has been filed in Cr.M.P.(M) No.425 of 2012. It has been stated that on 14.05.2012 constable Babu Ram produced an application of Vice President 'Anj-Bhoj Truck Operators Society, Puruwala' stating that at Khodowala 'Doon Truck Operator Society' has been constituted headed by its President Hussain Mohd. THEy are overawing and extracting illegal recovery at Khodowala. THE said society is not registered at any place. THEy are recovering illegal amounts from vehicles HP-17B-8536, HR-38-6014, HR-38-5591. THEre is already a registered society operating in Transgiri area. On this case has been registered. THE statements of owners of the aforesaid vehicles were recorded under Section 161 Cr.P.C. It has come in the investigation that Hussain Mohd. and Rangi Lal till now have not made any illegal recovery. THE petitioners have joined the investigation. THE case against the petitioners till now under Sections 384, 34 IPC has not been established, but the petitioners have not produced any papers regarding registration of their society. THE submission has been made for rejection of the bail applications.