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2008 Supreme(Del) 242

SHIV NARAYAN DHINGRA
Keshav Kumar – Appellant
Versus
State – Respondent


Advocates Appeared:
Sunil Goel, for Petitioner; Rajat Katyal, for Respondents.

ORDER :- This writ petition under Art. 226 and Arts. 14, 21 and 22 of the Constitution of India read with S. 482, Cr. P.C. for appropriate directions of enquiry into the acts of the police officials in illegally detaining the petitioner and sending him to Tihar Jail invoking S. 107/151, Cr. P.C. on a false complaint of one Ashok Kumar Munna (respondent No. 5), a bad character of the area and for quashing the proceedings.

2. Petitioner has stated that he was a businessman and living at Flat No. C-48, Karampura, Moti Nagar, New Delhi at first floor. Respondent No. 5, Ashok Kumar Munna was a known bad character of the area of Police Station Moti Nagar. He contested the elections for the area Councilor and MLA. He was agent of local leaders and local police in illegal recovery of money from the traders and innocent people. He flourished under the patronage of local leaders and police and also was indulging in grabbing and encroaching public land. He alleged that respondent No. 5 made unauthorised encroachment covering open public place towards rear portion of the flat and raised a construction upto the second floor, in this process, he closed the window/ventilation of petitioner's only





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