SANATAN RAM Vs. STATE

JUDGEMENT

(1.) In this revision, petitioners seek to quash cognizance of offences taken u/Ss.147/148/ 336/427/454/380/294/506/ 436 with 511 read with 149 I.P.C.

(2.) Prosecution case is that on 25-3-1989 at about 12 noon, petitioners committed rioting being armed with deadly weapons endangered the life of the inmates of the informant in G.R. Case No.75 of 1989 causing damage to the house and household articles. They committed theft of the antenna and booster of the Television by breaking open the house after rebuking in filthy language and attempted to cause death with threatening dire consequence. Petitioners threw fire with intent to destroy the house in furtherance of their common object. After investigation, charge sheet was submitted on 4-7-1989 and cognizance was taken on that basis. Against the aforesaid order, petitioners approached this Court in criminal revision No.541 of 1989 and by order dated 11-12-1989 the order was set aside and matter was remitted back to the court of Sub-Divisional Judicial Magistrate for reconsideration. Thereafter, the impugned order has been passed.

(3.) Background of the case as revealed from the revision petition is that prior to the alleged occurrence petitioners had launched a movement against bus owners of the locality. On account of success of the movement, bus owners, drivers and conductors nurtured grievance against petitioners who took active part in the movement. Of the petitioners, some are practising advocates who took part in the movement. On account of this, it is claimed by petitioners that informant who is a bus owner lodged an FIR on false allegations.