BABULAL SINGARIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing this petition under Sec. 482 of the Code of Criminal Procedure (for short "Cr.P.C.") the petitioner has challenged the impugned order dtd. 4/11/2022 passed by the Special Additional Chief Judicial Magistrate (P.C.P.N.D.T. Cases), Ajmer, (for short "the Trial Court") in case no. 1410/2009 CCIS No. 4789/2016, by which the application filed by the petitioner under Sec. 311 Cr.P.C. for summoning twenty witnesses, has been rejected.

(2.) The counsel for the petitioner sought time on 12/12/2022 to submit copy of entire charge-sheet on the record and accordingly the same was filed on the record of this matter for perusal of the statements of the witnesses and other evidence.

(3.) Brief facts of the case are that on 30/6/2001, First Information Report (for short "FIR") No. 146/2001 was registered against the petitioner with Police Station Civil Lines, Ajmer for the offences under Sec. 332, 353, 186 of Indian Penal Code (for short "IPC") by the complainant Altaf Hussain alleging therein that the meeting of Zila Satarkta Evam Jan Abhaav Abhiyog Nirakaran Samiti Zila Ajmer (District Vigilance and General Public Grievance Redressal Committee District Ajmer) started. In the said meeting Ramswaroop Choudhary Zila Pramukh Ajmer, Kayum Khan Member Legislative Assembly Masuda (for short "MLA"), Babulal Singaria MLA Kekri, Rambabu Shubham Nominated Member, Smt. Usha Sharma Collector, Alok Tripathi Superintendent of Police Ajmer (for short "S.P."), Vasudev Bhatt Additional S.P. Ajmer and other public representatives and officers of the other departments were present. The S.P. Alok Tripathi was supposed to attend another meeting with higher officers to check the arrangements of the journey tour of Pakistan President General Musharraf. Hence the issue of law and order was taken first. Immediately thereafter, the MLA Kekri Babulal Singaria started raising allegations against the S.P., Alok Tripathi and raised two-three months' old issues of the law and order. Hence he was requested to raise the relevant issues only. In the meanwhile Shri Singaria said that he has the right to raise the issues in the capacity of public representative, he slapped and assaulted Alok Tripathi and tried to manhandle him. By such act, Shri Singaria obstructed in discharge of public duties.