RAJENDRA SINGH SETHIA Vs. STATE

JUDGEMENT

(1.) The petitioner through the present petition has taken exception to the orders dated January 18,1994 passed by Shri L. D. Mual, Additional Sessions Judge, Delhi, whereby he framed charges against the petitioner and other co-accused persons under Sections 224/223/129/328; 328 read with Sections 109 and 120B of the Indian Penal Code; and the order dated January 20,1994 wherethrough the learned additional Sessions Judge framed charges against the petitioner under Sections 224 read with Sections 109 & 120B of the Indian Penal Code.

(2.) Brief facts which led to the presentation of the present petition arc as under: that the petitioner is an Indian citizen. He had all along been living and working in the United Kingdom and the U.S.A. He was the Chairman of ESAL Group of Companies. He came to India during December 1984/ January 1985. A case was registered against the petitioner by the Central Bureau of Investigation bearing No.RC 1/85 Cir (11)/CBI under Sections 420,468, 471 and 120-B of the Indian Penal Code for allegedly defrauding the Indian Banks in United Kingdom. The petitioner was arrested on March 1,1985. Since then the petitioner was in judicial custody i.e. Tihar Central Jail No.l, Ward No. 1 till he was released on bail on February 13,1987. Another accused known as Charles Sobhraj was also at that time in Tihar Jail. He was lodged in Ward , No.2, Jail No.l. The said accused i.e. Charles Sobhraj was transferred to Jail No.3 on April 28,1985 in Tihar Jail. Charles Sobhraj alongwith other accused persons/undertrials escaped from Jail No.3 on March 16,1986. The petitioner did not escape. However, he was charged to have been involved in the jail break case alongwith Charles sobhraj and others. It was alleged against the petitioner that it was he who helped and financed the escape of Charles Sobhraj and others. In this connection, F.I.R. No. 139 was lodged with police station Janakpuri against 23 accused persons, including the petitioner. Latcron a charge sheet was filed after the completion of investigation against 23 persons, including the petitioner on June 3,1986 in the court of the Chief Metropolitan Magistrate.

(3.) The petitioner never knew Charles Sobhraj or any other accused persons who escaped from the jail on March 16,1986. In fact, the petitioner never stayed even for a single day in the said Ward with Charles Sobhraj. The allegations levelled against the petitioner are false and preposterous and motivated. There is no prima facie case against the petitioner inasmuch as there is no evidence against the petitioner to connect him with the escape of Charles Sobhraj or any other accused persons from jail. The impugned orders dated January 18,1994 and January 20,194 were passed by the learned Additional Sessions Judge mechanically and without application of mind and without consideration of the documents and the statements of witnesses on record and without considering the arguments and submissions made by the counsel for the petitioner. The learned Additional Sessions Judge was wrong in his conclusion that there was sufficient evidence to frame charges against the petitioner alongwith other accused persons under Sections 224/223/129/328; 328 and under Section 224 read with Sections 109 and 120B of the Indian Penal Code vide orders dated January 18,1994 and January 20,1994. Aggrieved and dis-satisfied with the said orders the petitioner has approached this Court for the quashment of the charges.