MANOJ PANT Vs. STATE

JUDGEMENT

(1.) The petitioner by filing the present petition under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as =Cr.P.C.') has assailed the order dated 13.09.2012 passed by learned District Judge & Additional Sessions Judge (East), Incharge, Karkardooma Courts, Delhi, whereby the revision petition filed by the petitioner was dismissed. Vide order dated 06.08.2011 passed by learned Metropolitan Magistrate-06 (East), Karkardooma Courts, Delhi the petitioner along with other coaccused persons was summoned for the offences under Sections 352/356/379 of Indian Penal Code (=IPC', for short). The said order was upheld by the learned Revisional Court.

(2.) The concise facts leading to the present petition are that on 04.05.2009 a PCR call vide DD No.24B, P.S. Preet Vihar, Delhi was received that workers of Congress Party have blocked the way after putting the tent in front of the office of BJP at Krishna Nagar, Delhi. On receipt of the said call, ASI Rajbir Singh along with constable Subhash reached near Sai Baba Mandir and saw some workers of Congress Party digging at main Chander Nagar Road where an election meeting was to be held and had covered more than 2/3rd of the road. In the meanwhile, the petitioner (the then SHO) reached the spot and directed the removal of poles and chairs.

(3.) On 30.10.2009, respondent No.2/ complainant filed a complaint case under Section 200 of Cr.P.C. against the then SHO (petitioner herein) and other police officials for the offence under Sections 341/342/379/365/506/323/463/469/471/34 IPC on the allegations, inter alia, that on 04.05.2009 brother of complainant was making arrangements for organizing a meeting at Chander Nagar Chowk and at about 11:00 a.m. the petitioner (the then SHO), came there and directed the brother of the complainant to change the place of arrangement. Suddenly, at about 4:00 p.m. the accused persons along with other police officials came at the Chander Nagar Main Chowk and started lifting tables and chairs and putting them in their vehicle. The brother of the complainant objected to the same and stated that he will make a complaint in this regard to higher officials.