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2010 Supreme(SC) 71

Supreme Court of India
THE HONOURABLE MR. JUSTICE HARJIT SINGH BEDI & THE HONOURABLE MR. JUSTICE J.M. PANCHAL
Kaka @ Tilak Raj (Minor) Tr.Father & Another
Versus
State of H.P. & Others
WRIT PETITION (CRL.) NO. 17 OF 2007
Decided on : 15-01-2010

Advocates appeared:
For the Appellants/Petitioners:Lekh Raj Rehalia, Kartar Singh, R.C. Kaushik, Advocates.
For the Respondents:Naresh K. Sharma, Advocate.

Headnote:A) CONSTITUTION OF INDIA : Art.32:- This writ petition had been filed by the petitioner who is minor alleging illegal detention, extortion of money etc. by Respondent No:2 to 7 apart from violating the directions of this Honble Court in D.K.Basu vs. State of West Bengal and others reported in AIR 1997 SC 3017. But the District Magistrate had filed a detailed reply stating that the petitioner had his father were found beating some persons and a criminal case had been filed against and on finding that the petitioner is a minor, he was sent to juvenile court and was later released on bail and his custody was given to his uncle It was further asserted that no violation of any directions given by this High Court had taken place. Hence the writ petition was disposed of with the liberty to the petitioner to approach the criminal courts under the normal law.

Judgment :-

Harjit Singh Bedi, J.

1. The petitioner has made the following prayers in this petition under Article 32 of the Constitution of India:

"(a) direct the Respondent No.1 - State of Himachal Pradesh to hold an independent, fair and impartial enquiry by the sitting Judge of the Honble High Court or by the District Judge of the Concerned District and to submit report within a specific time period with regard to illegal detention, inhuman treatment, merciless beating by the respondents No. 2 to 7 on dated 16.11.2006 and 17.11.2006;

(b) Award reasonable and sufficient compensation in favour of the petitioner Nos. 1 and 2 for their illegal detention and the said compensation to be awarded from the personal pocket of the Respondents No.2 to 7; (c) Initiate prompt and necessary departmental enquiry against the Respondents 2 to 7 herein for keeping the law of the land at bay and for creating lawlessness in the society by way of indulging in corrupt practice just to pressurize the petitioner to pay a sum of Rs.25,000/- to them for none of their fault.

(d) Requisite direction be issued to the respondent No.1 for lodging an FIR against the Respondent Nos.2 to 7 under Section 193, 211, 341, 342, 447, 504, 506 and 34 IPC in the concerned police station and to record the statement of the persons present more than 100 on the date of forcibly taken out the petitioners in the police custody by dragging from the field to the main road in order to ascertain the complete truth of the alleged illegal action of the respondents No.2 to 7 ;

(e) The show cause notice be also given to the concerned Chief Medical Officer of the Government Hospital, Nurpur, Tehsil Nurpur as to how when the son of the Respondent No.8 was initially medically examined by the Governemt Dispensary at Fatehpur on the alleged date and it remained without any medical help for 4-5 days, thereafter the report given by the concerned Dispensary Doctor seems to be authentic rather than the MLR given by the concerned Chief Medical Officer, Govt. Hospital, Nurpur after a prolonged time from the alleged occurrence not only seems to false and fabricated documents but it is the handiwork of the local politicians to book the present petitioner No.2 in the aforesaid offences after prolonged delay and as such the concerned M.L.R. procured by the respondents No.2 to 7 in order to save their skin for the illegal demand made by them on 8.9.2006;

(f) a contempt proceeding be initiated against the respondents No.2 to 7 for gross violation of the direction of this Honble Apex Court reported in Dilip Kumar Basu Vs. State of W.B. & Ors. - reported in AIR 1997 SC 3017;

(g) and pass such other or further order or orders as this Honble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice."

2. We are unable to see how these prayers can be permitted to be raised in a writ petition directly in the Supreme Court under Article 32 of the Constitution. Nevertheless as the learned counsel for the petitioner has referred to certain illegal acts committed by the respondents in violation of the directions of this Court in D.K. Basu Vs. State [AIR 1997 SC 3017] and submitted that proceedings pending against the petitioner in various criminal courts be quashed, a fresh enquiry be ordered by the CBI or the District Judge, that compensation be awarded to the petitioner and that an FIR be lodged against respondent Nos. 2 and 4 i.e. Shri Hirdu Ram, DSP and Jog Raj, ASI as an attempt had been made by all the respondents collectively to extort money from the petitioner we have chosen to go into the facts of the case as well.

3. A reply has been filed on behalf of all the respondents by the SP Dharamshala, and it has been pointed out that enquiries had revealed that the petitioner and his father Kashmir Singh had beaten some persons and this fact had been found as correct during the course of the investigation and the two had accordingly been arrested, but as the




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