STATE OF HARYANA Vs. RAMPAL

JUDGEMENT

(1.) Through this petition under Section 482 Cr.P.C. prayer has been made for quashing order dated 26.03.2018 (Annexure P-4), whereby revision filed by the respondent was accepted and order dated 23.08.2017 (Annexure P-2) of the trial Court, charge-sheeting the respondent under Sections 153, 153(A)(1), 153B(1), 504, 505(1) read with Section 120-B IPC was set aside.

(2.) Briefly, on 12.07.2016 ASI Jai Singh, on secret information, apprehended followers of the respondent, namely, Balwan, Ramphal, Balbir, Mamta Devi, Meshar Devi, Sonu Devi, Saroj Rani, Santosh, Rajbir Singh, Sumit, Anil and Ram Kumar along with vehicle No.HR39-B-7368, while they were provoking the general public to disturb public peace and tranquillity to pressurise State Government for release of respondent from jail. The aforesaid assailants were also distributing books and pamphlets to the general public to achieve their aforesaid purpose to breach public peace and cause fear in the minds of public at large. While filing final report under Section 173(2) Cr.P.C. against the aforesaid accused under aforesaid Sections, adding respondent also as co-accused under Section 120-B IPC. Therefore, he was charge-sheeted as such by the trial Court vide order dated 23.08.2017 (Annexure P-2).

(3.) Being aggrieved, respondent filed revision, challenging the said order of the trial Court. Vide impugned order dated 26.03.2018 the revisional Court after hearing the parties, set aside the aforesaid order and discharged the respondent on the ground that on the alleged date, he was in custody. There was no evidence with the police that any of the aforesaid accused had ever come in contact with the respondent in or outside the jail and that he had provoked them to disturb public peace and on his instructions the aforesaid persons were disturbing public peace and tranquillity.