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1995 Supreme(SC) 344

S.C.AGRAWAL, SUJATA V.MANOHAR
Uma Shankar Sitani – Appellant
Versus
Commissioner Of Police, Delhi – Respondent


ORDER

1. On 30-7-1994 a report is said to have been lodged by one Sarvjeet Chauhan, resident of House No. 1273, Pocket-B, Hari Nagar, New 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 of 1994 in respect of offence under Sections 504/506 IPC was registered against the petitioner at the said police station. No step was, however, taken for investigation of the said matter till 12-9-1994, 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 16-9-1994, 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 5-10-1994 to arrest him. Since the petitioner was not present at his home, they were not able to arrest him.

2. In the writ petition the petitioner has asserted that all these steps to arrest him on the basis of the non-ba



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