KUSH OHRI Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) These petitions are taken up together as they relate to the same incident. One is the petition under Section 482 Cr. P. C. which challenges the order dated 01.11.2002 and the other is a revision petition which is in respect of order on charge dated 24.12.2002.

(2.) Initially, a charge-sheet was submitted under Sections 147, 149, 186, 353, 332, 427 IPC. The petitioners were discharged by the trial court by virtue of the order dated 15.09.2001. The State preferred a revision against that order and ultimately succeeded inasmuch as the order was set aside by the revisional court by virtue of the order dated 01.11.2002. The revisional court had, after setting aside the order on discharge, directed that the matter be placed for arguments and consideration on the question of framing of charges. It is thereafter that on 24.12.2002 that the trial court has framed the charges under Section 147, 149, 186, 353, 332, 427 IPC. The revision petition is preferred against this order and the petition under Section 482 Cr. P. C. has been preferred against the order dated 01.11.2002 by the revisional court.

(3.) The factual background of this case is that the petitioners along with other students of the GTB Medical College were said to be sitting in a peaceful agitation outside their hostel, which has been closed by the hostel authorities. It appears that for some reason the peaceful agitation turned hostile and there was some exchange between the police authority and the student body. Apparently, certain students were said to have become aggressive for which the police authorities had to resort to lob tear gas cells and thereafter to lathi charge. The allegation goes further that upon the lathi charge, the situation was taken under control. In this incident three students and six police officers were said to have received injuries and the three students, who had received the injuries, are petitioners before this court.