STATE Vs. C S RATHORE

JUDGEMENT

(1.) This reference has been made by the learned Additional Sessions Judge, Shahdara in the matter of "State Vs.Amrit Lal & others" arising out of the FIR No. 351/93 Police Station Trilok Puri under Sections 147/148/452/436/34 Indian Penal Code for invoking inherent power and/or revisional jurisdiction of the High Court directing the Committal Magistrate to rectify the committal order to implead Mr. C.S. Rathore as an accused to stand trial. The facts of this case are that the learned Additional Sessions Judge, to whom the matter has been committed. Upon going through the material found that the learned Metropolitan Magistrate by the order dated 17.3.1994 had summoned the accused persons except Mr. C.S. Rathore. In the charge-sheet the SHO had submitted that "accused C.S.Rathore who is a Supreme Court advocate if arrested there could be disturbance in the area and as per the instructions of the Officer he is not being arrested to maintain the law and order in the area. So his name has been shown in column No. 2. Court itself can summon him through notice."

(2.) The maternal against Mr. C.S. Rathore is the statement of complainant Rajbir Singh wherein he has clearly mentioned that along with other accused persons at about 1 P.M. Lakhpat, Kapoor Video Wala, Hassan Khan, Vikram Pandey, Doctor Sindhu, C.S.Rathore, Munni Dutt Shastri, Ram Saroop Rashan Wala, Amrit Lal Singh, Jagdish Pradhan and Smt.Sheela after gathering together with that intention of rioting came at his plot. They were 40/50 persons, in all, he recognized several persons by face but he does not know their name, however, among them were Lakhpat, Kapoor Video Wala, Munni Dutt Shastri, Ram Swaroop Rashan Wala and C.S. Rathore holding lathis in their hands and Hasan Khan, Doctor Sindhu, Rama Nand Gupta, Dharam Singh @ Dharam, Gajraj, Amrit Lal Pan Wala were holding iron sarias in their hands while Smt. Sheela was holding bricks, the others were also armed with Sarias and lathis and those persons said 'MARO AUR IN LOGO KO PLOT SE NIKAL KAR KABJA KAR LO HUM ITNE ADMI HAI PLOT PAR KABJA KARENGE" thereafter they attacked and entered upon the plot, broke down the wall of the plot.........This is the statement of Rajbir Singh on the basis of which rukka was prepared by the IO and FIR registered.

(3.) It is further noted by the learned Additional Sessions Judge that in view of what has been stated above, he could not understand as to why other accused were made to stand trial on the basis of their role in the crime and why Mr. C.S. Rathore has not been summoned, although, his name finds mention in column No. 2 of the charge- sheet. This, according to the learned Additional Sessions Judge, occasioned failure of justice, which ought to be rectified in the first instance.