SYED MD. AKHTAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned Counsel appearing for the petitioner and learned Counsel appearing for the C.B.I.

(2.) THIS application has been filed under Section 482, Cr PC for quashing the entire criminal proceedings of case bearing No. R.C. 11(S)/2003/C.B.I./SCR -III/ND lodged by the C.B.I. (G.R. No. 2858 of 2003) pending in the Court of learned Special Judge, C.B.I. - cum -S.D.J.M., Dhanbad including the order taking cognizance of the offences under Section 120B read with Sections 193/194/218/203 of Indian Penal Code and also under Section 27 of Arms Act.

(3.) LEARNED Counsel further submits that it is said that said Kashmiri Khan in his statement made under Section 164 of Cr PC disclosed that one Kharak Singh @ Sami Akhtar came to him and asked him to commit murder of Pramod Kumar Singh, as he had taken contract from one Suresh Singh of killing him and then Kharak Singh @ Sami Akhtar gave money to one Hira Khan who committed murder of Pramod Kumar Singh and thereafter the C.B.I, arrested this petitioner whose name is Syed Md. Akhtar taking him as Kharak Singh @ Sami Akhtar without any material whatsoever and as such the C.B.I, can be said to have violated the law laid down by the Hon'ble Supreme Court in the case of Joginder Kumar v. State of U.P. and Ors. reported in : 1994CriLJ1981 and in the case of D.K. Basu v. State of W.B. reported in : 1997CriLJ743 holding therein that the Police Officer must satisfy himself before arresting anyone about the necessity and justification of such arrest on the basis of some investigation, as any arrest without any justification jeopardizes the life or personal liberty to a person as enshrined in Article 21 of the Constitution of India.