MADHO SINGH MEHTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The defect(s) pointed out by the registry are over-ruled and with the consent of learned counsel for the parties, the arguments have been heard.

(2.) This criminal misc. petition has been filed by the petitioner under section 482 Cr.P.C. read with section 483 Cr.P.C. against the order dated 23.2.2013 of Additional Sessions Judge No.18 Jaipur Metropolitan in Sessions Case No. 43 of 2011 framing charge against the petitioner for the offence under sections 147, 148, 307/149, 332, 333, 353, 283 and 188 IPC.

(3.) Brief facts of this case are that on 11.3.2010 the body of Babli, a girl from Uttrakhand Samaj was found dead-murdered after being brutally raped and badly mutilated in a Maruti Car on the outskirts of Jaipur and it was quite apparent from the state in which the body was found that the girl had been victim of gang rape and there she was brutally killed. The main accused was suspected to be related to a police official and co-accused persons also appeared to be influential people and because of this reason the police did not arrest anybody in the matter for a considerably long time. On 15.3.2010 the Uttrakhand Samaj decided to take out a peaceful rally on 21.3.2010 protesting against non arrest of the murderers of deceased Babli and to give a representation to the Chief Minister of the State. On 21.3.2010 the rally started from Statue Circle and reached Sardar Patel Marg, opposite BJP Party Office at Jaipur. Some police officials and constables stopped the rally and it was informed that five persons can go to the Chief Minister's office to give their memorandum. It is stated in the petition that while five leaders of Samaj left for Chief Minister's office and rest of persons sat down on the road, some police persons eve teased ladies and girls in the rally and when one person from the rally objected 10-15 police persons started hitting rally persons with sticks and batons. At this the ladies tried to save the persons then those ladies and children with them were also beaten. Police also started pelting stones. Some unidentified persons from the rally also started pelting stones. One of the stone hit Rajesh Meena Additional Superintendent of Police. On this turn of events the persons who had gone to give memorandum were brought back and the people of the Samaj were badly beaten by the police. One Naresh Kumar working as Sub Inspector in Police Station Ashok Nagar lodged an FIR No. 127/2010 in respect of the said incident under sections 147, 148, 149, 188, 283, 332, 353 and 307 IPC. In the FIR it was recorded that 17 persons were arrested at the place of incident. Charge sheet was filed against 52 persons. During the pendency of the proceedings three persons passed away Shanker Dutt Joshi, Dinesh Kapil and Madho Singh. The trial court heard arguments on the point of charge and proceeded to frame charge against the accused petitioner vide order dated 23.2.2013. Against this order, the petitioner has filed the present misc. petition.