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| Revision petition filed by SP Rajeshwar Singh dismissed | | | Early Times Report
Jammu, May 26 : Principal Sessions Judge Jammu RS Jain today dismissed the revision petition filed by then SP Rajeshwar Singh Ors filed against the order dated 5.11.2012 passed by Judicial Magistrate Ist Class (Special Municipal Magistrate) Jammu whereby the Magistrate after taking cognizance of offence u/s 341/342/506/11/120-B RPC against the petitioners in the criminal complainant filed by respondent Rajat Jandyal has issued process against the petitioners to stand trial in the complaint. On receipt of the complaint, the trial court initially postponed the issue of process and u/s 202 CrPC directed S.S.P., Jammu to conduct an enquiry into the truthfulness or falsity of the complaint. The S.S.P., Jammu gave his report which was not accepted by the trial court since it was not conducted in accordance with law and vide order dated 6.7.2012, the trial court, itself decided to hold the inquiry u/s 202 CrPC.The gist of the complaint is that the accused/petitioners who are police personnel on 20.1.2012 reached the house of complainant and thereafter wrongfully restrained and confined the complainant in the vehicle in which he was travelling and thereafter the petitioners entered the house of the complainant and on his enquiry he was informed by the petitioners that they had come to arrest his father Ravinder Gupta but that the accused thereafter in violation of the law entered the house of the complainant and started to search the house without having a search warrant and that thereafter they arrested Punjabo Ram, employee of his father illegally and without following the guidelines laid down by the Courts. That the accused in violation of the law and right to privacy, started video graphing the raid being conducted by them. Trial court after holding the inquiry and hearing the complainant vide impugned order dated 5.11.2012 took cognizance of the complaint and issued process against the petitioners by observing that " After sole point here in this matter was whether an act of conducting raid and without obtaining search warrants or following the mandate of law and over stepping the brief given to accused by them can be covered in the discharge of their public duty and that too interrogation of Apex Court judgment handed down in D K Basu's case.
Principal Sessions Judge Jammu RS Jain after hearing Advocate Aseem Sawhney appearing for the Rajat Jandial whereas Advocate JP Gandhi appearing for the Rajeshwar Singh & Ors observed that petitioners have failed to show any illegality, infirmity and impropriety in the impugned order. The order passed by the learned Magistrate is perfectly valid, correct and legal and it does not suffer from any infirmity. Accordingly, the revision petition is dismissed. Parties through their Advocates are directed to appear before the trial court on 3.6.2014. (JNF) |
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