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2008 Supreme(SC) 525

V.S.SIRPURKAR, S.B.SINHA
Sarvsheel Mago – Appellant
Versus
State of Haryana – Respondent


JUDGMENT: V.S. SIRPURKAR, J.

1. Leave granted.

2. Appellant herein has challenged the order passed by the High Court, whereby his petition under Section 482 Cr. P.C. was disposed of with certain directions. In his petition, the appellant had sought registration of criminal case against respondent nos. 4 to 6 for offences under Sections 341, 342, 211 I.P.C. and Section 58 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as NDPS Act) read with Section 120-B I.P.C in relation to the incident which took place on 7.8.2004. The High Court, however, refused to issue any direction regarding the registration of a criminal case on the ground that there was no material on record, from which it could prima facie be found that respondent no. 4 had stopped the vehicle and conducted the search with mala fide motive. The High Court viewed it as a part of the duty of respondent no. 4. The High Court did not also find fault with the alleged role played by respondent nos. 5 and 6, however, left it open to the appellant to avail of his alternative remedy on the basis of allegation that respondent no. 5 and 6 were deliberately and intentionally implicating him by making false











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