Uma Shankar Sitani vs Commissioner of Police, Delhi and Others

On July 30, 1994 a report is said to have been lodged by one Sarvjeet Chauhan, resident of House No. 1273, Pocket-B, Hari Nagar, Delhi - 110064, at Police Station Sahibabad wherein certain allegations were made against the petitioner, Uma Shankar Sitani. On the basis of the said report Criminal Case No. 656/94 in respect of offence under Sections 504/506, I. P. C. was registered against the petitioner at the said Police Station. No step was, however, taken for investigation of the said matter till September 12, 1994, on which date the Investigating Officer, R. K. Singh, Sub-Inspector of Police, is stated to have recorded the statement of the complainant. Thereafter, on September 16, 1994, non-bailable warrant was issued for the arrest of the petitioner by the Chief Judicial Magistrate, Ghaziabad. On the basis of the said non-bailable warrant, a police party from Police Station Sahibabad, headed by R. K. Singh came to the house of the petitioner at 115-A, Sainik Farm, Delhi on October 5, 1994 to arrest him. Since the petitioner was not present at his home, they were not able to arrest him.

In the writ petition the petitioner has asserted that all these steps to arrest him on the basis of the non-bailable warrant that was obtained by the police authorities of District Ghaziabad in Uttar Pradesh were taken at the instance of one Sanjay Dalmia on account of business rivalry.

Since a doubt had arisen about the existence of the complainant, Servjeet Chauhan, by order dated January 5, 1995, the Commissioner of Police, Delhi was directed to inform the Court, after getting the matter verified, whether there is any House No. 1273 in Pocket B, Hari nagar, New Delhi and if so whether Sarvjeet Chauhan resides there and also to produce Sarvjeet Chauhan before the Court. In pursuance of the said direction Shri Alok Varma, D. C. P., South District, Delhi has filed an Affidavit wherein it is stated that no such address i. e. house No. 1273 exists in Pocket-B, Hari Nagar, Delhi and Sarvjeet Chauhan cannot be said to be residing at the said address. This would indicate that the report which is said to have been lodged at Police Station Sahibabad and on the basis of which Criminal Case No. 656/94 has been registered at the said Police Station against the petitioner is by a non-existent person and the said complaint is a false complaint. In support of his case that the registering of a false criminal case against him at Police Station Sahibabad and the effort to arrest him in connection with that false case were at the instance of Sanjay Dalmia the petitioner relies upon the Report of J. P. Meena, Inspector of Police, P. P. Sainik Farm, Police Station Ambedkar Nagar, Delhi in the Daily Diary dated October 5, 1994 wherein it is recorded that on enquiry R. K. Singh told him that he has come to know that Sanjay Dalmia has filed a complaint in Chief Judicial Magistrate''s Court at Ghaziabad.

Having regard to the facts and circum- stances referred to above, we are of the opinion that it is necessary that the matter regarding registration of Criminal Case No. 656/94 at Police Station Sahibabad is investigated fully by an independent agency. We, therefore, consider it appropriate to direct the Director of C.B.I. to nominate a Senior Officer to investigate into the circumstances under which the Criminal Case No. 656/94 was registered under Sections 504/506, I. P. C. at Police Station Sahibabad and the person or persons responsible for having the said case registered against the petitioner in order to have him arrested in connection with the said case. The report of such investigation may be submitted to this Court by April 30, 1995. Case Diary of Criminal Case No. 656/94 is with the Registry of this Court. It will be open to the Officer conducting the investigation to inspect the said Case Diary as well as the other record. The Registrar (Judicial) shall permit him such inspection and he may also be allowed to take xerox copy of papers from the Case Diary and the record. A copy of this order may be sent to the Director, C.B.I.

List the matter on May 5, 1995.