Indu Bala vs State of Haryana

V.K. Bali, J.

Smt. Indu Bala, through present petition filed by her under Section 482, Criminal Procedure Code, seeks quashing of the Police Calendar under

Section 109 of the Code of Criminal Procedure and subsequent proceedings initiated thereon against her by the Sub Divisional Magistrate,

Ambala.

The Police Calendar, copy whereof has been annexed to the petition as Annexure P1, reads thus.

D.D. R. No. 1.6 dated 27.9.1993 P.S. Baldev Nagar,

Calendar under Section 109 of Cr.P.Code.

Sir,

The facts of this Calendar are briefly to the effect that when I, SI/S.H.O. along with Ramesh Kumar C. No. 581 were present on the bridge in

respect of patrolling in a Government vehicle i.e. Jeep No. HQ 4250 being driven by the Driver Constable Roop Chand 1043, we found a Fiat car

parked on the link road leading towards Khul Kot at a point near the fields. I, S.I/S,H.O reached the spot to check this parked vehicle. On our

checking the number of the Fiat Car was found as H.R01/6162. The ""glass panes of the windows of the car were raised and on peeping through

the glasses we found man and a woman in embracing position, we overpowered them and on taking them out of the car the person on enquiry told

his name as Ramesh Kumar son of Shiv Dayal Caste Brahmin resident of Kalka while the woman stated her name to be Sudesh Kumari wife of

Ramesh Kumar. On repeating the enquiry by me in respect of name the person told his name as Puran Gogia son of Harbans Lal resident of

6148/6 Kabri Bazar Ambala Cantt. while the woman told her real name as Indu Bala W/o Kasturi Lal Malhotra resident of 567/13A, Prem

Nagar, Ambala City. The accused Indu Bala and Puran Gogia were present in the car with a view to adultery and they concealed their real names

and addresses and they also could not state any solid reasons for coming to this place. They were arrested under Sections 41(2) and 109 of the

Code of Criminal Procedure and their personal search was effected and the articles of recovery were taken into custody. The Calendar is

produced in the Court. Action be taken. Fiat Car No. HR01/6162 has also been into custody.

Witnesses :

Constable Ramesh Kumar 581 P.S. Baldev Nagar.

Arun Kumar, SI/SHO P.S. Baldev Nagar.

Section 109 of the Code of Criminal"".

Procedure is with regard to security for good behaviour from suspected persons. When a Magistrate receives information that there is within his

local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to commit a

cognizable offence, the Magistrate may, in the manner provided in the Code, require such person to show cause why he should not be ordered to

execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year. The core of the offence lies in concealing

one''s presence and the purpose of concealing being to commit cognizable offence. The learned State counsel, even with his best endeavours, has

not been able to state as to what cognizable offence the petitioner was likely to commit, or was committing, if she was indulging in sexual

intercourse with another with the consent of each other. The ingredients of Section 109 of the Code of Criminal Procedure were thus not at all

attracted and the petitioner thus could not be proceeded and ordered to execute a bond for her good behaviour. Inasmuch as the Calendar,

Annexure P1, which is under Section 109 of the Code of Criminal Procedure, has to end in the only result of discharging the petitioner, no

meaningful purpose shall be achieved in proceeding with the said Calendar and the same as also the subsequent proceedings, if any, that might

have been taken, are quashed.