REGENT COMPUTRONICS PVT. LTD.

RAMAN LAL Appellant

V/S

STATE OF RAJASTHAN Respondents

Referred Judgements :-

JUDGEMENT

(1.) The cases, deal with here, have chequered history as there have been several rounds of litigation before the Hon'ble Gujarat High Court and the Hon'ble Apex Court in different forms at different stages and also before this Court in bail matters.

(2.) The instant criminal miscellaneous applications have been filed for quashing the complaint (C.R.No. 403/1996) registered at the Police Station, Kotwali, Pali, as also the further investigation pertaining to offences under Sections 120-B, 195, 196, 342, 347, 357, 368, 388, 458, 482, I.P.C. and Sections 17, 58(1) (2) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the "N. D. P. S. Act").

(3.) The facts and circumstances giving rise to these cases are that on 17-10-96, one Mr. Sumer Singh Rajpurohit, a Practising Advocate, filed a complaint in the Court of the Chief Judicial Magistrate, Pali, alleging that shop No. 6 in Vardhaman Market, Pali, owned by Smt. Amri Bai w/o Shri Jayant Raj had been taken on rent by one Mohan Lal in partnership of Narsingh Rajpurohit, brother of the complainant, for commercial purpose in the name and style of "Deepak Textiles" and part of the same was also used by the complainant as Office for his legal practice. The marriage of one Muli Devi, daughter of Rajmal, brother of accused-Phootar Mal and uncle of applicant-Raman Lal, had been arranged with Mr. Jayant Raj but she died before marriage could take place. Mr. Jayant Raj subsequently got married with landlady Smt. Amri Bai. The family of applicant-Raman Lal maintained very good and cordial relationship with the family of Mr. Jayant Raj and started treating Amri Bai in place of Muli Devi. Applicant-Raman Lal attended the marriage of her son on 27-4-96 along with other family members. Accused No. 1 Phootar Mal, uncle of applicant-Raman Lal, had been Power of Attorney-holder in respect of the said shop and a civil suit was pending in which the plaint had been signed and verified by him. Phootar Mal realised that so long complainant was with the tenants, it would be difficult to get their eviction from the shop. Accused persons conspired to get the said shop vacated and in furtherance thereof, they filed C. R. No. 216/1996 dated 30-4-96 under the provisions of Section 17 of the N.D.P.S. Act, alleging that complainant-Sumer Singh stayed in Room No. 305 in Hotel Lajwanti, Palanpur on 29-4-96; signed the hotel register and his address was shown as resident of Vardhaman Market, Pali, and opium was recovered from the said room after receiving the phone call from an informer from Pali. However, before the recovery could be made, complainant had left the hotel leaving behind the opium. In the night intervening 2/3 May, 1996, the other accused, viz. Mr. I. B. Vyas and Mr. Yagyanik, along with other police officials, came to the complainant's house at about midnight and arrested him. He was handcuffed, manhandled, gagged, and taken away forcibly in a jeep bearing fake registration number. Mr. Goma Ram, P.S.I., Kotwali, Police Station, Pali, who was on patrolling duty, intercepted the vehicle of Gujarat Police heading towards Palanpur and brought them to the Police Station, Kotwali, Pali, wherein Gujarat Police Officials disclosed their identity and informed that the complainant was wanted in a case under the N.D.P.S. Act. After giving arrest memo in connection with a case under the N.D.P.S. Act, they took away the complainant. By that time, family members and fellow Advocates also reached the Kotwali and some of them also went to Palanpur along with them. In Palanpur, he was produced before Mr. Sanjeev R. Bhatt, the then Distt. Superintendent of Police, Palanpur, co-accused, who enquired from the complainant about the said shop and asked him to vacate the same immediately otherwise he would be involved in a case of recovery of four kilograms of opium. The involvement of the applicant-Ram Lal, who at the relevant time, was the Additional Judge of the Gujarat High Court and is, now, Principal Judge of City Civil and Sessions Court at Ahmedabad, was also shown alleging that being interested in getting the shop vacated, he had hatched the conspiracy and was having telephonic talks with co-accused Phootar Mal and Mr. Sanjeev R. Bhatt and some of his phone-calls had also been taped. One Narain Singh Kharabara played a role of mediator and after taking all care and precautions, an agreement was signed between co-accused Phootar Mal and Mohan Lal-the original tenant-partner of the complainant's brother for vacating the shop and an understanding was given that on releasing the said shop, complainant would be released and the case against him under the N.D.P.S. Act would be dropped. Raghunath Singh, real brother of the complainant also talked to applicant-Raman Lal and the latter assured him that the complainant would be released and a report under Section 169, Cr. P.C. would be submitted after vacating the said shop. For reaching the agreement in writing, complainant's real brother Raghunath Singh purchased the stamp paper for Rs. 5/- and co-accused Phootar Mal got the agreement typed and it was got signed by Mohan Lal through Raghunath Singh on 5-5-96. The report under Section 169, Cr. P.C. was submitted on 6-5-96 itself, the same was accepted by the learned Special Judge, Palanpur on 14-5-1996 and the complainant was released. Keys of the said shop were handed over to co-accused Phootar Mal on 15-5-96. In sum and substance, according to the complainant, a conspiracy was hatched by the accused persons to get the shop vacated and in order to execute the said plan, the complainant was falsely enropped in a case under the N.D.P.S. Act, arrested, humiliated and on getting the shop vacated, report under Section 169, Cr. P.C. was filed and he was discharged.

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RAMAN LAL Vs. STATE OF RAJASTHAN

Referred Judgements :-

JUDGEMENT

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