RAJESH KAPOOR Vs. STATE

JUDGEMENT

(1.) By this petition under Section 482 of the Code Criminal Procedure, 1973. (for short, "Code of Criminal Procedure"), petitioner has prayed for quashing of the proceedings in the case (State Vs. Rajesh Kapoor ), FIR No. 81/97 dated 12.3.97, under Sections 186/333/353/307 Indian Penal Code, P.S. Delhi Cantt, pending trial in the court of Addl. Sessions Judge, Delhi.

(2.) Briefly stated the facts are that on. 12.3.97, Inspector 'Ved Prakash, SHO Jaffar Pur Kalan lodged a report that he along with the other staff were on V.VIP duty in sector No.6, from Mehram Nagar Chambery to Air force Technical Gate. At about 12:35 hrs. V. VIP was enroute and he alerted the force. The police stopped the traffic coming from the direction of the route. PCR van was stationed at Air Force Officer's Mess Thamaiya Marg, after putting the staff vehicle for stoppage of traffic, they got down from the PCR Van and stopped the traffic- opposite the gate on the road coming from Gopi Nath Bazaar towards Airport. At about 12 : 37 hrs. Maruti Car No.DNA-1792 white Colour, being driven by petitioner-Rakesh Kapoor, came from Gopi Nath Bazaar side towards Thamaiya Marg. The police signalled the driver to stop the car but the petitioner deliberately accelerated the speed of his car and hit the police gunman on duty standing in front of the PCR Van with the intention to kill him. After hitting the police gurman petitioner drove the car towards, the Airport, However, when the car hit the central, divider its front right tyre got burst and the car stopped at a distance of about 20 yards. After being hit, the police-gunman Satyavir Singh was injured and he fell down at a distance. He was sent to the hospital by the same PCR Van. The driver of the car was overpowered with the help of staff. The car on casual inspection was found to contain four bags of illicit liquor. On this report, above noted case and a separate case for possessing illicit liquor was registered against driver-Rakesh Kapoor. After investigation charge-sheet was filed on 1.12.1998. A complaint filed by ACP, Police Control Room, South west Zone, Delhi, under Section 195 Code of Criminal Procedure was put up with the challan. The case was committed for trial to the Court of Session. By order dated 29.8.2000, learned trial court framed the charges under Sections 186/353/333 Indian Penal Code against the petitioner. This order is under challenge.

(3.) Learned counsel for the petitioner Sh. O.P. wadhwa argued that the Magistrate could not take cognizance for the offence under Section 186 Indian Penal Code. except on a complaint in writing of the public servant concerned or some other public servant to whom he was administratively subordinate under Section 195 Code of Criminal Procedure He argued that offences under Sections 307/333/353 Indian Penal Code are inter linked and dependent upon the offence under Section 186 Indian Penal Code, therefore, all the charges against the petitioner are liable to be quashed. In support of his arguments reliance was placed on two decisions of this. Court in Gurinder Singh & Anr. Vs. State. 1996(2) C.C. Cases 396 (HC) and Vasudev Vs. State. 1984(2) Crimes, 599. Reliance was also placed on Ashok and others v. The State 1987 0 CrLJ 1750 and Ramji Bhikha Koli & Ors. v. State/ of Gujarat, CCJ 1999 (2) 804. Learned APP for State 'aruged' to the contrary and placed reliance on the recent decision of the apex Court in Pankaj Aggarwal & Ors. Vs. State of Delhi & Any ., 2001 (3) Crimes, 361 (SC), wherein the Supreme Court after-referring to its earlier decision in Durga Charan Naik v. State of Orissa, AIR 1966 SC 1775 where after analysing various provisions it was authoritatively held that the offences under Sections 186/353 or 332 Indian Penal Code are two distinct offences and that the absence of the complaint under Section 195, Code of Criminal Procedure; for the offences under Section 186 Indian Penal Code does not bar the trial for the other offences. It was held:-