J JACOB Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure whereby the petitioners pray for quashing the order dated November 25, 1992 passed by Mr. K.S. Mohi, Metropolitan Magistrate, Delhi summoning them in a case based on FIR No.l86/1992.

(2.) On August 24, 1992 at 11.40 p.m., a First information Report was lodged by Smt. Ranjeet Kaur, complainant, with the Police Station Subzi Mandi from which it appears that the complainant was staying at 6, Boulevard Road in the official accommodation provided to her husband Mr. J.P. Singh, ASJ for the last five years. It also appears that the Delhi Administration had allotted the land covered under Bungalow Nos-4,6,8 and 10 Boulevard Road to St. Stephens' Hospital subject to their vacation. Against this a writ petition was moved by Lawyers Forum for Civil Liberties in which an interim stay was granted by this Court. In respect of bungalow No.4, it is asserted that on its vacation by one Mr. R.K. Khanna, forcible possession thereof was taken by St. Stephens' Hospital. It is alleged that after taking over the possession of the said bungalow, demolition and construction work was started on the same by the management of the Hospital. Further case as disclosed by the FIR is that the St. Stephens' side started troubling the complainant and her family by cutting telephone wires and tampering with electric wires. Besides the labourers employed by them used the pathway running between bungalow Nos. 4 and 6. The labourers employed by the St. Stephens' Hospital were lodged in the garage of bungalow No.4, which is opposite the garage of the complainant and adjoins her servant quarters. The first information report further states that the women folk living in the said servant quarters were being harassed by the labourers which led to making of a written complaint by the complainant's husband to the District Judge and Police. As a result of the complaint, it Was decided between the parties that the labour employed by St. Stephens' Hospital would not use the aforesaid pathway and will also not create any trouble. However, on August 23,1992 Badarpur (building material) was allegedly stacked alongside the eastern wall of the complainant's bungalow with the intention of getting the premises vacated. As a result of the pressure of the said building material, the wall gave way and some persons were injured including one Bhim Singh, who was staying in the servant quarters of bungalow No.6. On August 24, 1992 at 9 p.m. a duty constable came running to the bungalow and reported that 20-25 security men from St. Stephens' Hospital including their Head Mr.Verghese were indulging in vandalism in the common pathway despite his objection. The police guard felt that force would be necesary to prevent a fight. Upon this complainant's husband rang the police chowld for reinforcement. Thereafter the constable went to his post for discharging his duties. The complainant, however, followed the constable to see for herself as to what was happenning. On seeing the complainant, the security guards of St. Stephens' Hospital said that this was the wife 'of the Sessions Judge whereupon Verghese is stated to have abused the complainant and holding both her wrists dragged her. Verghese is also said to have stated that the complainant was the root cause of the trouble. Seeing the complainant being dragged, Chanda, wife of Bhima, raised an alarm as a result whereof other people who resided in the servant quarters of Bungalow No.6, namely, Lalji, Rajinder, Shambhu, Pritam and others assembled at the place of the incident. They objected to the behaviour of the security guards. At this juncture, the complainant's husband also came out. On seeing him Verghese is alleged to have shouted: " Maro Sale Ko......." Yehi Session Judge Hai."

(3.) On being told so, the security men allegedly started pelting brickbats at the complainant's husband and servants. In order to save himself, he ran towards the bungalow. In the meantime, the complainant managed to extricate herself from the grasp of Verghese and ran towards the house. Thereafter, the security guards are stated to have pelted brickbats on the Bungalow No.6 as a result of which the back door thereof was broken. The complainant's husband again rang up the police. On the arrival of the police, the security guards, except one, namely Pritam Singh, managed to escape. The complainant concluded the FIR by stating that Verghese and other security men, with the common intention of getting the house and the servant quarters vacated, attacked her. they indulged in vandalism on the common pathway, obstructed the police guard from performing his duties, outraged her modesty, injured her and attacked her husband and other people with the intention to kill them. Investigating Officer Mr. P.C. Mann, S.I. on arrival at the spot allegedly found brickbats lying scattered on the site and also found the back door broken due to brickbatting. A case under Sections 147, 148, 149, 186,323,427, 354 Indian Penal Code was registered.