DEVI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition under Section 397 read with Section 401 CrPC is directed against the order dated 15.02.2006 passed by Sessions Judge (Fast Track), Nagaur (for short "the trial court" hereinafter) in Sessions case No.53/2005, whereby the trial court framed the charges against the petitioners for the offences under Sections 147, 148, 186, 337, 353 IPC and in the alternative Sections 353/149, 395 IPC and under Sections 135, 135KHA and 136 of the Prevention of Damage to Public Property Act, 1951. Aggrieved by the order impugned, the petitioners have filed the instant revision petition. I have heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the order impugned and the challan papers.

(2.) The case as set up by the prosecution is that on 31.1.2005 after casting of votes in Gram Panchayat Election at Panchayat Bhawla, while ballot boxes were in the process of sealing at that time, the alleged petitioners came armed with lathis and started man-handling and taken away the ballot papers and the voter list.

(3.) Learned counsel for the petitioners submits that taking away the ballot papers is a specific offence, which is provided under Section 135 and 136 of the Representation of People Act, 1951 (for short "the Act" hereinafter) and no offence under Section 395 IPC can be made out. Learned counsel for the petitioners has confined his arguments and challenged only to the extent framing charge for the offence under Section 395 IPC. So far as the other offences are concerned, learned counsel for the petitioners has not given challenge.