COURT ON ITS OWN MOTION Vs. STATE

JUDGEMENT

(1.) The present reference dated 2 nd August, 2011 has been sent by the learned Additional Sessions Judge-II, Central District, Delhi in Sessions Case No. 33/2011, arising from FIR No. 14/2011 under Sections 307/353/382/186/427/34 IPC and 25 and 27 Arms Act registered at PS Special Cell.

(2.) As per the reference, on 15 th July, 2011 the abovementioned case was assigned to the learned Additional Sessions Judge wherein only five accused namely Sunil, Rajesh, Naeem, Kamal and Akash were committed for trial. On perusal of the charge sheet, the learned Additional Session Judge found that besides the abovementioned five accused persons, there were allegations against one more accused namely Bimla Devi though her name was not mentioned as an accused in the charge-sheet. The learned Additional Session Judge was rightly of the view that since Bimla Devi had not been summoned by the learned Chief Metropolitan Magistrate, the only course available to him was to summon her under Section 319 Cr.P.C., which would be at a very belated stage of the trial. In light of the decision of the Hon'ble Supreme Court in Ranjit Singh v. State, 1998 AIR(SC) 3148, the learned Additional Sessions Judge sought rectification of the illegalities committed by the learned Chief Metropolitan Magistrate in the committal order by this Court in exercise of its inherent powers and supervisory jurisdiction.

(3.) Briefly the case of the prosecution in the above-mentioned FIR is that on 10 th March, 2011 officers of P.S. Special Cell received an input while monitoring a telephone number that dealing in illegal arms and ammunitions would be undertaken by one Rajesh and his associates at Kabir Basti, Delhi. A raid was conducted. Rajesh was found standing outside his house and on sensing the police presence, he exhorted his supporters to kill the policemen while whipping out his pistol from the belt. The police party identified Rajesh and asked him to surrender. Co-accused Sunil @ Sand shouted that nobody can take away Bhai (Rajesh). Thereafter Rajesh fired at the police party while trying to flee away. During chase, few other persons also joined him and more gunshots were fired at the police party, stones were pelted and they were manhandled. The police also fired back. Accused Ravinder hit HC Vinod with an iron rod. Bimla Devi, mother of Rajesh pelted flower pots on the police party. Meanwhile, the local police arrived and Rajesh and Sunil were arrested along with arms and ammunition leading to registration of the abovementioned FIR. On further investigation, arms and ammunitions were recovered from the other accused Akash and after conclusion of the investigation, a charge sheet was filed against the above five persons and Bimla Devi. Though a complaint under Section 195 Cr.P.C. was filed by the ACP, however, the complaint contained the name of only four accused i.e. Sunil, Rajesh, Kamal and Naeem. In the complaint, name of Bimla Devi was not mentioned though the allegations leveled against her attracted offence under Section 186 IPC.