SAJJAN KUMAR Vs. CBI

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Sections 397 & 401 Cr.P.C. to challenge the order dated 15.05.2010 passed by the Court of Ms. Sunita Gupta, District Judge-VII/NE-cum-ASJ, Karkardooma Courts, Delhi in S.C. No.26/10, RC SII 2005 S0024 under Sections 109/147/148/149/153A/295/302/ 396/427/ 486/505/201 IPC.

(2.) By the impugned order the learned ASJ has ordered the framing of charge against the petitioner for offences under Section 120B read with Sections 153A, 295, 302, 395, 427, 436, 339, 505 IPC and also for the offence under Section 109 read with Sections 147, 148, 149, 153A, 295, 302, 395, 427, 435, 339, 505 IPC, besides framing of a separate charge for offence punishable under Section 153A IPC. At the same time the application of the petitioner seeking discharge has been rejected by the learned ASJ.

(3.) The charge sheet in question filed by the CBI, which forms the basis of the impugned order pertains, inter alia, to murder of five persons, namely, Kehar Singh and Gurpreet Singh, the husband and son of Smt. Jagdish Kaur, Sh. Raghvinder Singh, Sh. Narender Pal Singh and Sh. Kuldeep Singh. Apart from the petitioner, who has been arrayed as accused No.1, 11 other persons have been named as accused, out of which 4, namely, Ishwar Chand Gaur @ Chand Sharabi, Dharam Veer Singh Solanki, Balidan Singh and Raj Kumar @ Raja Ram, have already expired. Accordingly, they have not been chargesheeted. The other 7 accused are Balwan Khokhar (accused No.2), Mahender Yadav (accused No.3), Maha Singh (accused No.4), Capt. Bhagmal (Retd.) (accused No.5), Santosh Rani @ Janta Hawaldarni (accused No.6), Girdhari Lal (accused No.7) and Krishan Khokhar (accused No.8).