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1976 Supreme(SC) 5

P.K.GOSWAMI, P.N.SHINGHAL
Maha Singh – Appellant
Versus
State (Delhi Administration) – Respondent


Advocates:
FRANK ANTHONY, K.B.ROHTAGI, R.N.SACH, S.N.ANAND, V.K.Jain

JUDGMENT

P. K. GOSWAMI, J.:—The complainant, Shiv Darshan Nath, (PW 1) was an unlicensed hawker selling oranges and fruits in what is described as a chabba around Novelty Cinema area in Delhi. The locality is within the jurisdiction of the Lahori Gate Police Station.

2. The accused Maha Singh was enrolled as a Constable in the Delhi Police in July 1957 and was promoted as Head Constable (Havaldar) in August 1963. He was posted to the Lahori Gate Police Station on November 21, 1967 and had since been serving there in that capacity until his suspension in connection with the present case.

3. During April 1969 the accused was deputed for prosecuting unauthorised squatters and persons indulging in petty offences within the area of the said Police Station. The accused in performance of these duties was required to and did maintain a petty Offences Register and he had "to do pervi of these cases challaned by him in the court."

4. The complainant approached the Anti-Corruption Inspector Delhi, Bal Krishan (PW 7) on April 7, 1969, at about 11.00 A.M. and made 451 a complaint to him. This complaint was recorded by the Inspector (PW 1/A). The material allegations disclosed therein were-

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