SANDEEP RAINA Vs. STATE OF J&K

JUDGEMENT

(1.) THROUGH the medium of the petition in hand under section 561 -A Cr. PC, the petitioners have sought indulgence of this court quashing the proceedings pending before the learned Chief Judcial Magistrate, katra being FIR No. 96/2002 titled as state Vs. Sandeep Raina and another and the order recorded by the learned Chief Judicial Magistrate dated 20.7.2002 with respect to the said petition.

(2.) IT appears that police Katra came to charge sheet the petitioners/accused before the learned Chief Judicial Magistrate, Katra, pursuant to the registration of the case under FIR No. 96.2002 alleging therein that on 30.4.2002 near Police Check Post, Numainan where Shri Bahadur Chand, ASI and constable Subash Chander were on duty, the accused person at 9.30 P.M. addressed to the girls who were traveling by the buses saying you sweet girls where are you going, the weather is so pleasant, let us enjoy moment of the pleasure by going somewhere together. These words which are alleged to be obscene in nature caused annoyance to the other people and the girls got ashamed. On presentation of the charge -sheet before the learned Judicial Magistrate, Katra, the accused were produced before him who were furnished the copies in terms of section 173 Cr. PC. The accused preferred an application before the trial court for dropping of the proceedings on the ground that no offence is made out from the allegations put forthwith by the prosecution in the charge -sheet and the alleged offence is trivial in nature. The learned Magistrate came to turn down this request of the accused by rejecting their application by virtue of order dated 20.7.2002.

(3.) HEARD learned counsel for the parties and have also perused the statement of withnesses whose statements have been recorded during the course of investigation under section 161 Cr. PC. Bhadur Chand, ASI and Subash Chander constable are listed as eys withnesses. Both the withnesses in their said statement under Section 161 Cr. PC have with one voice stated that they were on duty at 9.30 P.M. at Check Post, Numaian when two matured girls were traveling with other pilgrimages by buses came out of their buses and the accused addressed to them by saying you sweet girls, where are you going, the weather is so pleasant, let us enjoy moments of the pleasure by going somewhere together, as a result of which these girls got ashamed and caused annoyance to the other, pilgrimages and they (the witnesses) reacted and apprehended the accused produced them before the police station for proceeding further against them. The evidence of these persons namely ASI Bhadur Chand and constable Subash Chander who are undisputedly members of public got annoyed by the allegedly utterances of the petitioners / accused which they and produced them before the police for further proceedings in the matter.