STATE OF HIMACHAL PRADESH Vs. ANIL

JUDGEMENT

(1.) THE State has filed this petition seeking leave to file appeal against the judgment dated 29.8.2007 passed by learned Judicial Magistrate 1st Class, Theog in case No.25-1 of 2007 acquitting the respondents under Section 186 read with Section 34 I.P.C.

(2.) THE respondents were prosecuted for having committed offence under Section 186 read with Section 34 I.P.C. on the allegations that on 7.12.2006 at Police Station, Theog LC Rachna No.1248 was working on her computer, the respondents in furtherance of their common intention entered the Chamber of MHC Police Station, Theog. They imputed bad reputation to Kumari Reena Roy and when they were asked not to make such allegations and to go out from the office by LC Rachna then respondents obstructed MHC Man Dev and LC Rachna public servants from discharging their public duties. Notice of accusation under Section 186 read with Section 34 I.P.C. was put to the respondents to which they pleaded not guilty and claimed trial. The prosecution examined six witnesses. The statements of respondents were recorded under Section 313 Cr.P.C. The respondents examined two witnesses in defence.

(3.) PW -2 Sharda Sharma has stated that when LC Rachna asked not to interfere then respondent No.2 did not stop. PW-3 Reena has stated that she went to Police Station, Theog on 7.12.2006 at about 4.45 P.M. and at that time MHC Man Dev and Rachna were sitting in the Police Station. The respondents also came there and they started imputing her bad character. MHC Man Dev and Rachna asked them not to do so. Man Dev was recording her F.I.R. and Rachna was doing her job on computer. Rachna and Man Dev asked them to go out, they threatened to do away with her life and left the room. PW-6 MHC Man Dev has stated that respondents obstructed them while doing their official duty.