RAJEEV AND OTHERS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This revision has been directed against the order dated 27.11.2002 passed by 4th FTC / Additional Sessions Judge, Haridwar whereby learned Judge on the ground stated in impugned order found the case appropriate for levelling the charge upon the revisionists. This order was challenged before this Court and original file was summoned from the court below, so charge could not be levelled and the trial could not be proceeded further.

(2.) This Court has given hearing to learned counsel for the revisionists and learned AGA. Having gone through the impugned order, it appears that incident relates back to 08.11.1999, when mob of 400-500 persons, which was being steered by accused Brij Mohan, blocked the traffic. The people were agitating upon assassination of two abducted persons namely Munish and Kuldeep Pal. When persuaded by police, for restraining them to create blockade, the mob was infuriated and torched the Police Station. The case was registered and chargesheet was submitted against all the revisionists, who were arrested on the next day of the incident while Brij Mohan was arrested on the same day.

(3.) Arguments were advanced in the court below for discharge of the revisionists Rajeev, Anuj and Lokesh but turning down the contentions on behalf of accused persons the court below found formidable evidence for levelling the charge against the accused persons.