YASHPAL KHANNA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been preferred against order dated 24th April, 2009, whereby charges were framed against the petitioners by the trial court (Additional Sessions Judge, Jalandhar) under Sections 307, 332, 353, 186 read with Section 34 IPC and 27/54/59 of Arms Act.

(2.) The case was registered on a written complaint made by Deputy Director, Income Tax (Investigation) Rohit Sharma, purportedly under Section 195 Cr.P.C. alleging that he alongwith Smt. Rajinder Kaur and other officials of the Income Tax Department and police officials reached House No.587-R, Model Town, Jalandhar in order to execute search warrants under Section 132 (1) of the Income Tax Act, 1961. They reached there at 8.40 A.M. on 11th December, 2008. Search warrants dated 10th December, 2008 were served upon Savita Khanna wife of Yash Pal Khanna at about 8.45 A.M. on 11th December, 2008.

(3.) Yashpal Khanna, whose name was also in the search warrant, was told that Income Tax Department wanted to carry out the search, on which he tried to lock himself in the bed-room. When the officials of the police and Income Tax Department resisted, said Yashpal Khanna started manhandling them. He took out a pistol from the drawer of his bedroom and started firing at them, as a result of which he received injury on his hand. It was further alleged that the petitioners fired 3-4 shots and thereafter the officials ran away to save their lives. It was also alleged that both the petitioners manhandled the team members and abetted the commission of offence. It was prayed that a case be registered against them. On the basis of the said complaint, a case under Sections 307, 353, 186 read with section 34 IPC and Section 27 of the Arms Act was registered. Investigation of the case was conducted. Both the accused were arrested and after completion of investigation, challan was put in the competent court.