JAI PRAKASH SHARMA Vs. STATE

JUDGEMENT

(1.) By way of this petition filed under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C."), the petitioner Mr. Jai Prakash Sharma has assailed the order dated 06.11.2012 passed by learned Additional Sessions Judge-III (East), Karkardooma Courts, Delhi whereby revision petition filed by the petitioner was dismissed.

(2.) Succinctly stating the facts giving rise to the present petition are that the petitioner filed a complaint against Manoj Pant, SHO P.S. Preet Vihar, ASI Rajbir Singh, Constable Umed Singh and Constable Sorveer Singh for the offence under Sections 341/342/379/365/506/ 323/463/469/471/34 IPC on the allegations, inter alia, that during the last parliamentary election period, brother of complainant namely Ramesh Pandit who was the councilor was making arrangements for organizing a meeting which was scheduled to take place on 04.05.2009 at Chandra Nagar Chowk, Delhi. Tables, chairs and pipes were being installed at the place of meeting. At about 11:00 a.m. Manoj Pant, SHO, P.S. Preet Vihar came and directed to remove the pipes and change the place of the meeting and further directed them to install tables, chairs and pipes covering a specific area in accordance with law. The said SHO gave these directions at least 3-4 times. Suddenly, around 3-4 p.m. the proposed accused persons along with some other police officials came at Chander Nagar chowk near Sai Mandir where the meeting was to took place and without any reason started lifting tables, chairs and started putting them in their vehicle. The brother of the petitioner namely Ramesh Pandit objected to the same, on hearing which Mr. Pant, started beating him. The complainant who was present at the spot raised an objection which resulted in him being also beaten by all the accused persons. The police officials took the complainant and his brother in a police gypsy and took them to the police station where they were taken to a room and were beaten again by the said four persons during the course of which a sum of Rs.20,000/- (Rupees Twenty thousand) was also snatched from the complainant/ petitioner.

(3.) On the said complaint, the concerned Metropolitan Magistrate, Karkardooma, Delhi called for the status report from the SHO, P.S. Preet Vihar who submitted a report dated 06.02.2010 to the learned Metropolitan Magistrate.