LAWS(DLH)-2008-2-439

RAGHURAJ SINGH Vs. STATE OF NCT OF DELHI

Decided On February 05, 2008
RAGHURAJ SINGH Appellant
V/S
STATE OF NCT OF DELHI Respondents

JUDGEMENT

(1.) During the pendency of these petitions the original Petitioner No.1 Jarnail Singh died. The petition [Crl. M.C. Nos. 4859-71 of 2005] abates as regards Jarnail Singh and the cause title of this petition will now read as Raghuraj Singh v. State and Others.

(2.) The Petitioners in both sets of petitions seek the quashing of a complaint titled Ali Mohamad v. Jarnail Singh and 13 others pending in the court of the Metropolitan Magistrate, New Delhi ( MM ) and an order dated 27th September, 2003 passed by the learned MM summoning them for the offences under Sections 150,153A, 323, 506 read with 34 IPC.

(3.) The case of the Petitioners as set out in these petitions under Section 482 of the Code of Criminal Procedure ( CrPC ) are that the complaint is motivated and on account of the past rivalry between the two factions of the employees of Food Corporation of India ( FCI ). According to the Petitioners the complaint filed by the Respondent No.2, if read as a whole, does not even prima facie make out a case for the offences for which they have been summoned by the learned MM.