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Himachal Pradesh High Court · body

2018 DIGILAW 139 (HP)

Court On Its Own Motion v. State Of H. P.

2018-01-11

SANDEEP SHARMA, SANJAY KAROL

body2018
JUDGMENT Sandeep Sharma, J. - Taking suo motu cognizance of communication/letter, dated, Nil addressed to the Chief Justice of this Court, letter petitioner, who has also filed an affidavit in support of the averments contained in the letter petition, alleged that no action is being taken by the police despite his repeated request against the person, namely Rinku Painter, who allegedly runs sex racket in the area, this Court treated the same to be Public Interest Litigation and directed the learned Advocate General, to have instructions in the matter. 2. Letter petitioner alleged that his wife namely Smt. Pushpa Rohal by way of communication sent in the month of January,2017 apprised ASP Bhajan Dev Negi that person namely Rinku painter is running sex racket alongwith his friends in residential area, but aforesaid Officer instead of taking action again culprits, started harassing letter petitioner and his wife. Matter subsequently came to be reported to the Superintendent of Police, Shimla, who directed SHO, Dhalli to get the matter investigated. However, fact remains that no action was initiated against the person named in the complaint and as such, petitioner approached this Court by way of instant letter petition, as referred hereinabove. 3. Superintendent of Police, Shimla in her affidavit, specifically refuted the aforesaid allegations contained in the letter petition and has contended that she after having received the complaint from Madan Mohan Rohal, got the matter investigated. 4. Investigating Officer after having inquired from the land owners and other members of the vicinity, where allegedly Sohan Lal alias Rinku painter was residing, has informed that said person is no more residing at Gautam Niwas, Lower Dhalli, Shimla. Apart from above, daughter-in-law of land owner, namely Geeta Thakur, where Rinku painter used to reside, categorically informed the police that Rinku was residing there as their tenant, but she neither noticed any immoral activity nor witnessed any unknown men/women, who frequently visited the said accommodation of Sohan Lal alias Rinku. Investigating Officer, also inquired from the neighbour of Sohan Lal, who also corroborated the version of land owner. Subsequently, Investigating Officer also visited the premises where Sohan Lal alias Rinku at present resides with his family. Investigating Officer, also inquired from the neighbour of Sohan Lal, who also corroborated the version of land owner. Subsequently, Investigating Officer also visited the premises where Sohan Lal alias Rinku at present resides with his family. Smt. Rekha Devi wife of Sohan Lal in her statement categorically stated that she got married to Sohan Lal alias Rinku in the year, 2013 and since then she is living with him and prior to this, they were residing at Laxmi Niwas, Bhattakuffer and in March, 2017, they have shifted to this place. Smt. Rekha Devi has categorically denied the allegations as contained in the complaint. 5. Superintendent of Police, Shimla has also stated that she gave personal hearing to complainant namely Madan Mohan Rohal and during hearing, it was again disclosed that some immoral activities are still going on and as such, to verify these allegations, the police authority has also conducted a raid in the premises of Sohan Lal, but nothing incriminating was found. During inquiry, it also emerged that earlier one complaint was received from letter petitioner, namely Madan Mohan Rohal in the Office of Director General of Police, who directed Station House Officer, Dhalli to conduct investigation/inquiry. During inquiry, SHO, police Station, Dhalli vide letter dated 22. 09. 2017 intimated that they have prepared one kalandra under Section 107, 150 of the Code of Criminal Procedure, dated 15. 10. 2017 and submitted the same before the Sub- Divisional Magistrate (Rural), Shimla for further action and as per the report of the Sub- Divisional Magistrate (Rural) Shimla, the said kalandra is still pending. 6. During investigation, police after having conducting the various inquires has come to the conclusion that the allegations levelled by the letter petitioner in his complaint are wrong and baseless. 7. This Court after having carefully perused the affidavit having been filed by the Superintendent of Police, Shimla, sees no reason to keep the present petition alive and as such, the same is closed. However, before parting, we wish to observe that Superintendent of Police, Shimla shall ensure that appropriate action, in accordance with law, shall be taken/ initiated against the miscreants including the person named in the letter petition, if they are found to have indulged in any illegal activity. 8. We also place on record appreciation qua the efforts put in by Ms. 8. We also place on record appreciation qua the efforts put in by Ms. Srishti Verma, learned Amicus Curiae, who, on the instructions of this Court, contacted letter petitioner and obtained necessary feedback. 9. Registry is directed to send a copy of this judgment to the Superintendent of Police, Shimla for necessary action as well as to the letter petitioner to enable him to take follow up action with the concerned authorities.