J.C. Pathak vs State of Uttaranchal and Mohd. Illiyas

Servesh Kumar Gupta, J.—By way of this Criminal Misc. application No. 533 of 2006 , the order of Cognizance dated 03.08.2000 is under challenge, whereby a criminal complaint filed by Sri Moh. Illiyas against one Station House Officer posted at that time at Ranikhet Police Station, was summoned for the offence under Sections 451, 504, 506 IPC.

It is revealed that Sri Mohd. Illiyas had been personally served but did not turn up in the Court to respond to this petition. In view of this, there is no need to issue notice to extend service upon the Respondent second time.

This Court has heard learned Counsel for the Appellant as well as Brief holder for the State/Respondent No. 1.

The factual matrix of the entire episode is that one Sri Mohd. Illiyas resided as tenant in the house of Sri Girish Chand Bhandari, Chilianola within the jurisdiction of Police Station Ranikhet. This Illiyas, at that time of entering in the house of Sri Bhandari as tenant requested him to provide shelter in his house as tenant for a couple of months. Sri Bhandari acceded to his request. Mohd. Illiyas''s intention became dishonest, when on the need of Sri Bhandari, he refused to vacate the house therewithal he started to create some sort of mischief, nuisance and quarrel. Sri Bhandari being fed up, moved an application to the District Magistrate, Almora on 07.07.2000 whereupon an order was passed to SHO Sri J.C. Pathak for enquiry and necessary action. Police Station, Ranikhet submitted a report to the Joint Magistrate of the area stating that Mohd. Illiyas is a history sheeter of District Nainital. He is involved in so may offences like Gunda Act and has been declared ousted by District administration, Nainital. He always used to keep Bhandari''s family under threat and scare to commit some serious criminal activities like murder of Mr. Bhandari.

So the Police has challaned Mohd. Illiyas and his wife Nazara u/s 107/116 Code of Criminal Procedure requesting that these two persons be asked to furnish their personal bonds for maintaining the peace and tranquility in the area. This challan dated 18.07.2000 and order there upon was issued by Executive Magistrate on 22.07.2000 u/s 111 Code of Criminal Procedure asking Mohd. Illiyas and his wife Nazara for maintaining peace and tranquility in the area.

In response to this notice u/s 111 Code of Criminal Procedure Mohd. Illiyas and Nazara turned up in front of Executive Magistrate, Ranikhet and move an application on 18.08.2000 stating that they have vacated the house of Sri Bhandari and have started dwelling at some other place at Ranikhet. In this way now there has not been any apprehension of breach of peace at their end.

On the one hand Mohd. Illiyas and his wife Nazara were expressing their conduct in such a manner before the Judicial Magistrate, Ranikhet, while on the other hand, feeling vengeances from SHO Sri J.C. Pathak, they filed a complaint in front of Judicial Magistrate making the sundry allegations against Sri Pathak. Sri Mohd. Illiyas examined himself u/s 200 Code of Criminal Procedure and got examined Nazara u/s 202 Code of Criminal Procedure alongwith another witness Gopal Singh.

It has been contended on behalf of the Petitioner Sri Pathak that factually, Gopal Singh, witness impersonated himself by the said name because no such Gopal Singh resides at the address which he disclosed in front of the Magistrate while his statement was recorded u/s 202 Code of Criminal Procedure In this regard a certificate of Pradhan, Village Panchayat Jhalori wherein Tok Khirkhet falls has been annexed which certifies that no such person named Gopal Singh S/o Sri Prem Singh resides in the said village. This Tok Khirkhet was disclosed as the place of residence by Gopal Singh at the time of statement recorded u/s 200 Code of Criminal Procedure

Yet another factor of this petition is that Mohd. Illiyas is a person of criminal background. He has long criminal history as adverted in the certificate issued by Dy.S.P., Haldwani, Nainital which is annexure No. 7 filed with the affidavit of Petitioner Sri Pathak. This criminal history reveals that several cases has been registered against him including the case of murder, dacoity, gangster act and attempt to murder and robbery etc.

In view of the above, this Court firmly opines that attempt of Mohd. Illiyas to file the complaint against Sri Pathak is clear cut abuse of the process of law. If Court takes cognizance on such complaint, a dutiful officer will hardly be able to discharge his noble duties as a police officer.

This Misc. application has very much force, it deserves to be allowed. Application is allowed. The Impugned order of cognizance dated 03.08.200 is quashed.