PATNA, India, Aug. 4 -- Patna High Court issued the following judgment on July 15:
Heard learned counsel for the petitioners and learned APP for the State.
2. By way of this application, the petitioners have challenged the order dated 22.12.2009 passed by the learned the learned Chief Judicial Magistrate, Patna, in connection with Gandhi Maidan P.S. Case No.88 of 2009, whereby the learned Magistrate has taken cognizance against the petitioners under Section 171, 171-C and 171-F of the Indian Penal Code. Subsequently, by moving an Interlocutory Application No.01 of 2025, the petitioners have prayed for amendment in the prayer portion of the main petition and challenged the entire prosecution proceeding arising out of Gandhi Maidan P.S. Case No. 88 of 2009 dated 22.03.2009.
3. As per the F.I.R., the informant Dhirendra Singh, Block Agriculture Officer, who was deputed at the district control room as Duty Magistrate and on 22.03.2009 had visited Maurya hotel where the press confrence of State Congress Committee was ensuing. It is alleged that the informant had visited the Maurya hotel to ensure compliance with the Model Code of Conduct, thereupon, he saw that one vehicle bearing registration no. HR26AM 5805 had the party sign of the Congress party, the vehicle BR1AB 2156 had a flag, i.e., a flag bearing a charkha on the tricolour flag belonging to the Congress Seva Dal, a Jeep bearing registration no. DED 7406 on which a board with Pradesh Adyaksh, Congress Seva Dal affixed on the bumper and Vehicle bearing no.UP-32- BV4742 bore a flag with the charkha.
3.1. It is further alleged that upon enquiring about the aforesaid four vehicles, the informant came to know that the vehicle bearing registration number HR 26AM 5805 belonged to Sadhu Yadav @ Anirudh Prasad, whereas the Vehicle bearing no. BR 1 AN 2156 belonged to Anil Sharma-petitioner, the State Congress, Sadakat Aashram. The vehicle bearing no. DED 7406 belonged to Ajay Kumar Chaudhry, State Congress Sadaqat Aashram and lastly the vehicle with the registration number UP32-BV 4742 belonged to unknown persons. Based on the written report of the informant dated 22.03.2009, the present F.I.R was registered as Gandhi maidan P.S. Case No. 88 of 2009 on 22.03.2009 under sections 171, 171 (C) and 171(F) of the Indian Penal Code against three named accused persons including petitioner no.1 and one unknown person. The police submitted charge sheet on 31.08.2009 wherein the name of the petitioner no.2 was also added in the array of the accused in connection with vehicle bearing registration number UP32BV 4742. Vide impugned order dated 22.12.2009 the trial Court took cognizance of offence under sections 171, 171(C) and 171(F) of the Indian Penal Code.
4. Learned counsel for the petitioner submits that from perusal of the F.I.R., it appears that none of the ingredients of the offences as alleged have been made out against the petitioners. There is no specific allegation against the petitioner no.2 whose name was subsequently added in the array of accused in the chargesheet. He further submits that even if the statements made in the F.I.R. is taken to be true then also no offence is made out under sections 171, 171(C) and 171(F) of the Indian Penal Code. It is emphasized by the learned counsel for the petitioners that from the bare perusal of the F.I.R. it only emerges that when the informant visited Maurya hotel and during the inspection, the informant found one four-wheeler vehicle bearing registration no. BR 1 AB 2156 belonging to Anil Sharma, State Congress, Sadaqat Ashram. In fact, the name of the petitioner no.2 is not even mentioned in the F.I.R and has been added in the charge sheet subsequently. Further, there is absolutely not even a whisper of allegation against the petitioners which could even remotely attract the provisions of section 171, 171(C) or 171(F) of the Indian Penal Code.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NiMzMTA0OSMyMDE4IzEjTg==-NyPMOeIGTMo=
Disclaimer: Curated by HT Syndication.
