- (1.) This appeal by special leave is directed against an order of a learned single Judge of the Delhi High Court, dismissing appellant's petition made under Section 561-A of the Code of Criminal Procedure. The material facts are these : On June 15, 1969, a report was lodged in Police Station, Tilak Marg, New Delhi, by one Munshi Ram alleging that he was employed as a Driver of bus, DLP 3867, belonging to Indraj Singh and Sukh Lal of Chirag Delhi. On June 13, 1969 at 6 p.m., he stopped the bus at Mathura Road to talk to one Devi Singh son of Ganesh Lal. Devi Singh invited the informant and his companions, Mahinder Singh Conductor and Sher Singh helper, to soft-drinks at a nearby shop. Leaving the bus unattended, they proceed to that shop. In the meantime, Jehan Singh appellant, Sharma, R.K. Pathak and another man of 'stout-build' got into the vehicle. The stout man took the steering wheel, and all the four drove away in the bus despite the protests of the informant and his companions. Munshi Ram then went to Chirag Delhi to inform his employer Indraj Singh, but found the latter absent. It was also mentioned in the report that Pathak and Sharma were employed in Scindia House.
(2.) The police started investigation and arrested Jehan Singh appellant, and R. K. Pathak, Assistant manager of the Industrial Credit Co. Ltd., Scindia House (hereinafter called the Company). They wee later released on bail. The bus was also seized by the police from the possession of the Company.
(3.) Pathak and the appellant filed two separate petitions under Sec. 561-A, Criminal Procedure Code challenging the police proceedings in pursuance of the First Information Report made by Munshi Ram.;