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High Courts(1987) 11 P&H CK 0074

Om Parkash Hider vs State of Punjab and ors.

Punjab And Haryana At Chandigarh · Decided on 13 November 1987 · Citation: (1988) 1 AICLR 164 : (1988) 1 RCR(Criminal) 662

HON’BLE JUDGES
Ujagar Singh, J
CASE NUMBER
Criminal Miscellaneous No. 5616-M of 1987

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Judgment

5 paragraphs · 347 words

Ujagar Singh, J.

1.

The First Information Report lodged against the petitioner is on the basis of the information given by a special informer. The information is that the petitioner has links with the persons indulging in extremist activities and he gives shelter to the activists. The information further goes that the petitioner encourages the extremist for extremisms and helps them. The other part of the information is that the petitioner has legal and illegal arms in his residential house in village Chautala, which he has got for that purpose and in case his house is raided immediately illegal arms and people with extremist attitude can be found.

2.

After this information was registered as FIR the raid was made in the morning of 11.8.1987, and the petitioner was not found present but some illicit arms were recovered.

3.

In the reply, it is stated that in one case he was bound down twice and that those orders were not challenged. The petitioner''s name was mentioned in Register No. 10A in 1961 and up to 1970 and as such he remained a proclaimed offender. The other instances are also given in the reply including that of massacre of bus passengers at Daryapur and the learned counsel for the State urges that the petitioner got anticipatory bail from this Court in this FIR and a direction was given to the petitioner to join the investigation as and when called in writing by the investigator. It was further directed that the petitioner should appear in police station Sadar Mandi Dabwali on 25.8.1987 at 10.00 a.m. On that day fixed for arguments, it was found that the petitioner did not join the investigation at all and this fact was admitted by the learned counsel for the petitioner and on that basis that petition for anticipatory bail was dismissed. Criminal Misc. No. 5461M of 1987 may be referred to. The investigation is still to be completed and the petitioner is absconding.

In view of the above facts, no case for quashing the FIR is made out. This petition is, therefore, dismissed.