Jarnail Singh & Ors v. State of NCT of Delhi

S. MURALIDHAR, J. February 5, 2008 dn

CRL. M.C. No. 4623 of 2005 page1 of 8 IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: January 15, 2008 Date of Decision: February 5, 2008 +CRL. M.C. Nos. 4859-71 of 2005 & CRL. M.A. Nos. 9798-99 of 2005 RAGHURAJ SINGH & ORS. .......PETITIONERS Through : Mr. K.K.Sud, Senior Advocate with Mr. Anish Shrestha, Mr. Jayant K. Sud, and Mr. Rajat Garg, Advocates. versus STATE OF NCT OF DELHI & ANR. .... RESPONDENTS Through: Mr. Sanjay Lao, APP for State. Mr. S.S.Gandhi, Senior Advocate with . R.S. Malik, Advocate. AND CRL. M.C. No. 4623 of 2005 & CRL. M.A. No. 9376 of 2005 PRAMOD KUMAR NAYAK .......PETITIONER Through : Mr. K.K.Sud, Senior Advocate with Mr. Anish Shrestha, Mr. Jayant K. Sud, and Mr. Rajat Garg, Advocates. versus STATE OF NCT OF DELHI .... RESPONDENT Through: Mr. Sanjay Lao, APP for State. Mr. S.S.Gandhi, Senior Advocate with Mr. R.S. Malik, Advocate. CORAM: HON'BLE DR. JUSTICE S. MURALIDHAR 1. Whether Reporters of local papers may be allowed to see the judgment? Yes 2. To be referred to the Reporter or not? Yes 3. Whether the judgment should be reported in Digest? Yes Dr. S. Muralidhar, J. Crl. M.A. No.9798 of 2005 Exemption allowed subject to all just exceptions. The application is disposed of. CRL. M.C. No. 4623 of 2005 page2 of 8 CRL. M.C. Nos. 4859-71 of 2005 & CRL. M.A.No. 9799 of 2005(stay) and Crl. M.C. No. 4623 of 2005 & CRL. M.A. No. 9376 of 2005(stay) 1. During the pendency of these petitions the original Petitioner No.1 Jarnail Singh died. The petition [Crl. M.C. Nos. 4859-71 of 2005] abates as regards Jarnail Singh and the cause title of this petition will now read as Raghuraj Singh v. State and Others. 2. The Petitioners in both sets of petitions seek the quashing of a complaint titled Ali Mohamad v. Jarnail Singh and 13 others pending in the court of the Metropolitan Magistrate, New Delhi ("MM") and an order dated 27th September, 2003 passed by the learned MM summoning them for the offences under Sections 150,153A, 323, 506 read with 34 IPC. 3. The case of the Petitioners as set out in these petitions under Section 482 of the Code of Criminal Procedure ("CrPC") are that the complaint is motivated and on account of the past rivalry between the two factions of the employees of Food Corporation of India ("FCI"). According to the Petitioners the complaint filed by the Respondent No.2, if read as a whole, does not even prima facie make out a case for the offences for which they have been summoned by the learned MM. 4. The complaint filed by Respondent No.2 Ali Mohammad on 1st March 2000 in the court of the learned MM states that the complainant is an employee of the FCI belonging to the FCI Workers" Union headed by H.P.Singh (ex-M.P.) who is its General Secretary. It is stated that in March 1999 the rival faction of H.K.Sharma and G.S. Jena started a dispute as regards the leadership of the union and that dispute is stated to be pending in this Court. As a result of the dispute it is alleged that CRL. M.C. No. 4623 of 2005 page3 of 8 the Petitioners here, who belong to the H.K. Sharma group became antagonistic to the workers belonging to the H.P.Singh group. It is stated that at around 12 noon on 1st January, 2000 Jarnail Singh, came to the FCI godown at Narela and called the co-accused Raghuraj Singh (Petitioner No.1) and Ram Saran, (Petitioner No.7) and instigated them to finish and destroy the group belonging to H.P.Singh, Ex-M.P. It is stated in the complaint that accused Jarnail Singh further instigated Ram Saran that the Muslim followers of H.P.Singh Ex-M.P. should be thrown out of the FCI because they are "the backbone of H.P.Singh." It is further stated that Jarnail Singh instigated Raghuraj Singh to hire outsiders for rioting and that this conversation was overheard by one Uttam Kishore who was passing by that way. It is stated that on the same day at about 2.30 pm Desh Raj and Jarnail Singh (empty handed), co-accused Raghuraj Singh, Ramraj Singh, Ram Sharma (all armed with lathies), Suraj Pal (a