CHARAN SINGH SHARMA Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) The petitioner is aggrieved by the charge framed by the learned Metropolitan Magistrate against him under section 506 II of the Indian Penal Code. Hence this petition.

(2.) The learned counsel for the petitioner made three submissions while seeking the quashing of the charge. His first contention was that the petitioner could not be present at the place of occurrence at the given time as at that time he was attending his place of work. In support my attention was drawn to a certificate issued by his School authorities where he is employed as teacher. His second contention was that no useful purpose would be served by making a criminal case go on and that in fact it would only embitter the relations further. Lastly it was argued that even otherwise on the basis of the material on record the charge ought not to have been framed.

(3.) The petitioner is being prosecuted, as would be borne out from what has already been recorded above, under section 506 of the Indian Penal Code on the basis of a report lodged by the complainant with the Police Post at TisHazari courts. The report would go to show that while he was proceeding towards his lawyer's chamber at Tis Hazari courts complex, the accused alongwith two of his companions intercepted him, took out a pistol and threatened to kill him. The petitioner is further alleged to have threatened that in case he (the complainant) would not behave in the desired manner he would be buried alive. ["Sale Ko Zinda Gad Doonga"]. Not only this the petitioner is further alleged to have threatened the complainant with death in case he did not stop pursuing the litigation relating to his brother.