IMPORTANT POINT
A criminal case which appears to be not only false and without foundation but also meant for the unnecessary harassment or prosecution of the accused, such a criminal case should be quashed by the High Court in the exercise of its inherent jurisdiction.

JUDGMENT

Jagdish Chandra, J.-This petition under Section 482 of the Code of Criminal Procedure, 1973 put up by the petitioner S.D. Salwan prays for the quashing of FIR No. 17 of 1981 as also the consequent prosecution launched by the State against him through Police Station Rajinder Nagar under Section 506 Indian Penal Code in case State v. S.D. Salwan pending in the court of Shri Nepal Singh, Metropolitan Magistrate, Delhi.

2. The perusal of the First Information Report No. 17 dated 8-1-]981 shows the complaint having been made on 7-1-1981 by one C.L. Chawla, General Secretary of Salwan Public School Teachers Association. The allegations are contained in paragraph 5 of the said complaint which reads as follows-:

"The injured employee lying in a precarious state of health in Sir Ganga Ram Hospital also feels insecure because people (family members) attending to him have also been threatened. They have been asked to change their statement to the police or face dire consequences. We request provision of police security to him in the hospital."

It would be seen that the name of the injured employee referred to in paragraph 5 of the complaint has not been mentioned nor the names of his family members to whom the threats are alleged to have been given. The challan in its column No. 6 gives the names and addresses of the witnesses for the prosecution in this case but it is asserted by the learned counsel for the petitioner as also conceded at the Bar by Mr. Sodhi representing the State that none of them includes the injured nor any of his family members. The aforesaid injured person is an injured person in some other case and not in the case in hand but threats are alleged to have been given to him by the petitioner as also to his family members. The injured and his family members to whom threats are alleged to have been issued in the aforesaid case could be the best persons to depose as witnesses in this case and in the absence of their statement the case of the prosecution just looks sham. This inference is further fortified from the fact that the aforesaid complaint was made on 7-1-1981 to the Chief Secretary, Delhi Administration and not to the police and furthermore on that day as many as 40 police constables including some head constables had been deputed by the police in and around the premises of Salwan Public School, New Delhi on the request of the management of this school and a bank-draft for Rs. 14,649.00 was issued by the school management in favour of the Commissioner of Police, Delhi for the charges of the police deployed in the said school for the protection of the school's properties from 1-1-81 to 23-1-81- except on 3rd, 4th and 5th Jan., 1981. If as many as 40 police, constables were posted in or around the premises of this school on 7-1-1981, the petitioner could not reasonably be expected to have the temerity to issue threats to any one as is stated in the statements of the witnesses subsequently recorded by the police. If any thing had happened the same could not have gone unnoticed and if noticed the police cases would have been registered on the basis of the same but nothing of the sort appears to have happened. Under these circumstances, the aforesaid complaint appears to be false and without any foundation. There is a letter dated 21-4-1984 by the then Lt. Governor Mr. Jagmohan wherefrom the relevant para is reproduced as under:-

"Another connected matter pertaining to this College is pending criminal cases against some members of the Salwan Management. These cases were byproduct of the strike. Earlier, I had sent a note to the Secretary (Home, indicating that if the Director (Prosecution) had recommended withdrawal of cases, the same should be withdrawn. This will help in the return of normalcy and enable us to bring about friendly relations amongst the management, staff and the students."

3. The aforesaid relevant para goes to show that a number of criminal cases had come up by way of by-product of the st