Ram Mehar Singh vs State Of Nct Of Delhi & Ors

3. Facts and circumstances giving rise to Criminal Appeals arising out of SLP (Crl.) Nos. 5998-5999 of 2008 are that there had been some dispute between one Shri Raj Kumar Bansal and his wife Smt. Urvashi Bansal. The writ petitioner Shri Purshottam Ramnani being a family 2 friend helped Smt. Urvashi Bansal financially by giving a huge amount of loan and as the same was not returned, dispute arose between them regarding the immovable properties. On the complaint of Smt. Urvashi Bansal, the proceedings under Sections 107/151 Cr.P.C. were initiated against the writ petitioner and in that respect he was produced before the Special Executive Magistrate, Jahangir Puri, Delhi (hereinafter called the Magistrate) on 25.8.2007, wherein he was released on furnishing personal bond. The said Shri Purshottam Ramnani filed W.P.(Crl.) No. 1392 of 2007 on 31.10.2007 alleging that in case there was some dispute regarding the immovable property, the police could not resort to the provisions of Sections 107/151 Cr.P.C., and since he had been detained in jail for one day, there was violation of his fundamental rights, therefore, he should be awarded compensation and erring police officials be punished.

6. The present appellant was SHO of the police station concerned at the relevant time. Admittedly, in the writ petition he was not a party by name, nor any notice had ever been issued to him and he had no opportunity to defend himself. Even before the Division Bench in the L.P.A. filed by the State he was not impleaded as a party. Thus, the relevant submission on his behalf is that certain observations and directions have been made against him though he had never been heard.

8. In Criminal Appeals arising out of SLP (Crl.) Nos. 6719-6720 of 2008, the facts had been that the appellant No.1-Sudesh Ranga being the SHO of the Police Station had received a complaint from Ashok Kumar Munna, the respondent herein against Keshav Kumar, respondent No.2 that the water from his toilet had been entering into the house of the complainant and damaged the entire wall because of seepage, and foul smell was also coming. On being asked, the respondent Keshav Kumar refused to carry out the repair and quarrelled with him and beaten him. In view of the said complaint, Keshav Kumar was detained under Sections 107/151 Cr.P.C. on 5 16.7.2006 and was produced before the Magistrate on 17.7.2006, wherein he was directed to be released on furnishing personal bond of Rs.5,000/- with one surety in the like amount. As he failed to furnish the personal bond he was sent to judicial custody and was released only on 18.7.2006 on furnishing the said bond. Keshav Kumar filed writ petition on 30.10.2006 alleging the violation of his fundamental rights by the police authorities by resorting to the provisions of Sections 107/151 Cr.P.C. The High Court entertained the said writ petition and asked the respondent therein to submit the status report. The High Court after considering the same disposed of the writ petition vide order dated 25.2.2008 quashing the proceedings under Sections 107/151 Cr.P.C.; directing to pay a token compensation to the complainant to the tune of Rs.50,000/- and further direction was issued to the Commissioner of Police to initiate disciplinary proceedings against the appellants.

5. Being aggrieved, the State of NCT of Delhi preferred L.P.A. No.286 of 2008 and the same was dismissed by the impugned judgment and order dated 28.5.2008.

9. Being aggrieved, the State of NCT of Delhi preferred L.P.A. No. 289 of 2008 which has been dismissed vide impugned judgment and order dated 28.5.2008. Hence, these appeals.

10. As both the matters had been disposed of by the Division Bench by the common judgment, we have heard them together alongwith other Criminal Appeals arising out of SLP (Crl) Nos. 1773 of 2008 and 5702 of 2008 and are being disposed of by the common judgment.

13. We have decided other connected appeals arising out of SLP (Crl.) Nos. 1773 of 2008 and 5702 of 2008 giving reasons. These appeals stand disposed of in terms of the same. In view of the above, the judgments and orders impugned herein are set aside except to the extent that in all these cases the proceedings under Sections 107/151 Cr.P.C. stood quashed. In first case liberty given by the High Court to file a civil suit for recovery of immovable property shall remain intact.