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1981 Supreme(Del) 343

D.K.KAPUR, J.D.JAIN
ISHWAR SINGH – Appellant
Versus
COMMISSIONER OF POLICE – Respondent


Advocates Appeared:
S.T.SINGH, V.P.Prabhakar

D. K. Kapur, J. (Oral)

( 1 ) THE Petitioner has prayed for the quashing of proceedings under Section 107/151, Criminal Procedure Code pending against him before the Assistant Commissioner of Police, Nangloi, on the basis of a report made by the Station House Officer, Police Station Nangloi. A notice to show cause why the petition should not be admitted was issued and a counter affidavit has been filed as well as a rejoinder. We have gone through the allegations made in the petition which are to the effect that the police has been repreatedly involving the petitioner in cases under Sections 107/151, Criminal Procedure Code, and in other cases. On considering these grounds, we find that no case has been made out for quashing the pending proceedings under Sections 107/151 of the Code.

( 2 ) THE Petitioner has also prayed that all future cases which may arise against him should be investigated by a police agency other than that situated at Police Station Nangloi. At present there is no case under investigation against the petitioner. We think that this claim is pre-mature and we cannot accede to the same. We would accordingly reject both the grounds raised in the petition.

( 3 ) LEARNED


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