JIWAT RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE are two petitions Under Section 482, Cr. PC 1973. As both these petitions arise out of the same incident, they are being disposed of by this single order.

(2.) THE brief facts of the case which are relevant for the disposal of these applications are that Jiwat Ram is alleged to have been illegally detained from 14th June to 18 June, 1977 at the Police Station Gang, Ajmer by the SHO, Shri K. S. Jain, It is said that Smt. Jassi wife of Jiwat Ram sent telegrams to the Gover-Bor, Chief Secretary and Home Commissioner Rajasthan complaining about this illegal detention. A similar telegram is reported to have been sent to the Home Minister, Government of India, New Delhi. It is said that on Aug. 26, 1977, the police constable Satya Narain Pareek went to the house of Jiwat Ram and inquired about him. As Jiwat Ram was not at his house, the Police Constable directed Smt. Jassi wife of Jiwat Ram to send Jiwat Ram to the office of the Superintendent of Police, Ajmer the next day. In compliance of this direction Jiwat Ram went to the office of the Superintendent of Police where he found Shri K. S. Jain, Sub-inspector of Police Station Gang. It is said that Shri Jam told Jiwat Ram that as Jiwat Ram's wife had made complaints against him, it would be better that the matter is compromised. It is further alleged that Shri Jain asked Jiwat Ram to sign the application compromising the matter. This application was ready with him duly typed in Hindi. Jiwat Ram did not know Hindi. He signed the application in good faith and bona tide taking the same to be a compromise. It is said that after sometime a police constable from the Police Station, Gang came to the house of Jiwat Ram and told him that he was wanted by the SHO, Gang for signing the First Information Report in the roznamcha. It is said that Jiwat Ram told the constable that he had made no complaint and that there was no question of signing the roznamcha. The police constable is reported to have said that you (Jiwat Ram) had made a complaint against Harsh Vardhan for having cheated you to the extent of Rs. 3,000/ -. On enquiry, Jiwat Ram learnt that the alleged compromise on which he was made to sign by Shri K. S. Jain on 27th Aug. 1977 in the office of the Superintendent of Police was nothing but a complaint Under Section 420, IPC against Harsh Vardhan. It is said that as the entire facts in the complaint are false, and as Jiwat Ram has not paid any money to Harsh Vardhan, the question of cheating does not arise. It was further contended that in the complaint, a mention has also been made regarding the payment of money by Diwan and Tejmal. This allegation also, it was said, is patently false. It is now said that the SHO is pressing Jiwat Ram to make a statement in conformity with the complaint which he had made.

(3.) HARSH Vardhan has also contended that the complaint filed against him is patently false and that the SHO Shri K. S. Jain has tried to kill two birds with one stone. It is contended that if Jiwat Ram does not support the complaint lodged by him, then he is liable to be prosecuted Under Section 182, IPC for having lodged a false report with the police. If Jiwat Ram proceeds to give evidence, he cannot do as the complaint is totally false and vexatious and the alleged transaction mentioned in the complaint never took place. It is contended that Shri K. S. Jain hag done so with a view to create a defence for himself knowing about the probable inquiry that might be held against him on the basis of the telegrams which Smt. Jassi wife of Jiwat Ram had sent.