9911796707
TMI Blog1997 (1) TMI 565X X X X Extracts X X X X X X X X Extracts X X X X ..... bit of giving telegrams to the High Court without any material, only on presumptions and surmises. The allegations in para 3 of the affidavit that the police of Mahabubnagar are notorious for torturing of suspects in criminal cases and they want the police of other Districts to emulate them is totally false. The incident referred to by the petitioner regarding the lockup death of a tribla is an old one and it was a stray incident and on that account it cannot be said that the entire police in the district are indulging regularly in illegal detentions. It is also false to say that because the petitioner has been agitating against the police, the police want to do away with the petitioner and also harass him. As and when the petitioner gave paper statement on any police station referring to the names of accused etc., the concerned Police Officers have issued summons to the petitioner to appear and to give statement on the subject. The Police Officers making an investigation under Chapter XII Cr.P.C. have powers to require attendance of any person under Section 160 Cr.P.C. before them. The petitioner gave paper statement on police stations referring to the names of accused persons and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner was summoned in writing to appear before the police in the cases referred to in paragraph 4 of the affidavit filed in support of the writ petition is relevant for appreciating the fact that the petitioner had sent a telegram to this Court on 11-11-1996 informing the Court that as many as five persons were illegally detained by the police and he had issued a press note to the said effect. According to the petitioner, alerted by these developments, the police produced the said five persons before the Judicial First Class Magistrate at Achampet and they were remanded to judicial custody. Circle Inspector of Police, Achampet, Mahbubnagar District, however, was irked, it appears for the above reason and, according to the petitioner, issued summons on 5-12-1996, purportedly under Section 160 Cr.P.C. which is as follows : It is learnt that you are acquainted with the facts of the case in Cr. No. 51/96 under Ss. 147, 148, 452, 364, 324, 302 r/w 149 IPC, 5 of E.S. Act, 25(a) I.A. Act and 3(1) APPS Act 1992 of Lingal Police Station. Hence you are hereby summoned to appear before me on 14-12-1996 at 10-00 hours at my office Achampet to record your evidence. This was fol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e station has reason to suspect the commission of an offence, which he is empowered under Section 156 to investigate, he is required forthwith to send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and to proceed in person or to depute one of his subordinate officers, not below such rank as the State Government, may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender. 5. Law enjoins the person investigating the case to take instructions of the superior officers and while making investigation, require attendance before himself of any person acquainted with the facts and circumstances of the case. A person called thus to make a statement, if any, before the police, in the course of the investigation, has an obligation to disclose all facts and circumstances with respect to the crime, if within his knowledge, save his right under Article 20 of the Constitution of India, inasmuch as he is not expected to make any statement incriminating himself. The statement made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have any concern at all, speak loudly and clearly that respondents have shown their anger to the petitioner, for what, according to them, was his habit, in the words of the 7th respondent, District Superintendent of Police, on giving telegrams to the High Court without any material only on presumptions and surmises. Law has given no power of judgment of any ones intentions or crime to the police. This is a well known preserve of the Courts in India and when actions are taken by the Court upon informations given to it by the petitioner and the respondents are summoned, it is open to them to plead that the petitioner has sent information, upon which the Court has acted, without any material whatsoever and that he has been habitually doing so. The Court can always take notice of any false information or information based on no material and take suitable action against the person giving to it false information or information without any material. The Court can also take notice of the conduct of any person, who has developed the habit of giving false informations. Such person, who is found to give to the Court false information, can always be legally dealt with and suitably be punish ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal Code. Section 188 of the Indian Penal Code speaks of the orders, to abstain from a certain act, or with respect to certain property in his possession or under his management and makes disobedience punishable if it causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, to any person lawfully employed and to cause or tend to cause danger to human life, health or safety or to cause or tend to cause a riot or affray. Such a blatant disregard of law, as exhibited by the respondents, cannot, but make the Court feel sorry for them and find without hesitation that they have chosen to prosecute the petitioner for the alleged offence under Section 188 of the Indian Penal Code most illegally and without any sanction of law. We are not making any specific orders, in the instant case, hoping that the respondents shall realise that they are responsible officers and they are answerable to the Court of law for every action they take in course of the investigation of the case. They are expected to know the law of the land and the right of every person to move the Court for appropriate action against any person or authority, who, in his/her opinion is indulging in any ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
