BINAY KUMAR AND ORS. Vs. STATE AND ANR.

JUDGEMENT

(1.) THESE three petitions under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) arise out of the common set of facts and are accordingly disposed of by this common judgment.

(2.) CRIMINAL Misc. (C) No. 4170 -73 of 2006 is by Binay Kumar Chaudhary, the President of the Container Corporation of India Employees Union (CCIEU), R.N. Mishra, Executive Member, CCIEU, K.K. Prashad, Office Secretary, CCIEU and Ranjeev Kumar, General Secretary, CCIEU. The prayer in the petition is for quashing of Criminal Complaint Case No. 1212/1 dated 5th July 2005 titled "Sanjeev Kumar v. Binay Kumar" and the proceedings consequent thereto. By an order dated 28th March 2006, Metropolitan Magistrate (MM), New Delhi summoned the accused persons (including the petitioners here) for the offences under Section 199/200/419/34 IPC and under Section 3(1)(ix) and Section 3(2)(vii) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act [SC and ST Act] and 34 IPC. The complainant Mr. Sanjeev Kumar has been arrayed as Respondent No. 2 in the petition. In the said petition, Criminal Misc. (C) No. 4170 -73 of 2006, notice was issued by this Court on 21st July 2006 and further proceedings before the trial court were stayed.

(3.) THE third petition being Crl. M.C. No. 1262 of 2007 is by Umesh Sharma who is also an accused in Criminal Complaint No. 1212/1 and who was also summoned by the same order dated 24th March 2006 passed by the learned MM. Umesh Sharma is a lawyer who has been appearing on behalf of the CCIEU for more than ten years. In the said petition, Crl. M.C. No. 1262 of 2007, by an order dated 26th April 2007 this Court directed notice to issue and stayed the trial court proceedings.