DR. F. KAMIL Vs. STATE AND ORS.

JUDGEMENT

(1.) THE present revision petition has been filed against the order dated 12.04.2005 passed by the learned Additional Sessions Judge, Karkardooma Courts, Delhi in criminal revision No. 21/2004, FIR No. 438/96, under Sections 147/148/149/323/427 and 109 r/w 114 of the Indian Penal Code, 1860 (hereinafter referred to as, 'IPC'), Police Station, Preet Vihar, Delhi.

(2.) AS per the petition, the brief facts of the case are as under.

(3.) AS per the complaint, filed by Sh. Fasihuddin Kamil (petitioner herein), all the slogans were being raised by Basit Ali, Imam of the Masjid. These pamphlets were being distributed in the Masjid under the supervision of Shamim and Neaz Ahmed alongwith Badruddin, barber who has a shop near 47, Park End. Further, Imam was exhorting the persons who had come to offer Namaz to stay after Namaz and that he and his companions would talk to them about the Masjid. At about 2:00 pm the said persons who had gathered for Namaz came at his house, raised objectionable slogans and asked him to come out of the house but he did not. Thereafter, the rioters pelted stones on his shop and house, broke open the doors and windows and caused loss to them. All this was being done at the instance of Sh. Q.D. Qureshi, who was doing the illegal construction in the Masjid against whom a stay order had been taken from the Court. When the police came, the Imam along with 15 - 20 persons ran away after locking the door of the Masjid. Thereafter, a case was registered vide FIR No. 438/96 on the complaint of Dr. Fasihuddin Kamil (petitioner). Post investigation by the police, persons namely Basit Ali, Anwar Ahmed, Ali Hasan, Badruddin, Shamim Ahmed and Neaz Ahmed were challaned under Section 147, 148, 149, 323, 427, 109, 114 IPC and sent for trial, while the name of Sh. Q.D. Qureshi was placed in column No. 2 of the chargesheet.