Rajasthan High Court - Jaipur
Varun Bhardawaj vs State Of Rajasthan Through Pp on 17 July, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1315/2018
Varun Bhardawaj S/o Shri Mukesh Kumar Bharwaj , R/o S-1, Iind
Floor, Plot No.65, Shyampuri, Kalwad Road, Jhotwara, Jaipur.
----Petitioner
Versus
State Of Rajasthan Through Pp.
----Respondent
For Petitioner(s) : Mr. Varun Bhardwaj For Respondent(s) : Mr. Prakash Thakuriya PP
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA /Order/ 17/07/2018 The present petition has been filed under Section 482 Cr.P.C. praying that the order dated 16.2.2018 passed by the Additional Sessions Judge No.12, Jaipur be set aside as the said court gravely erred to uphold the charges for the offences under Sections 170 and 171 IPC and Section 61 of Rajasthan Police Act, against the petitioner.
Briefly stated, the case of the prosecution is that the petitioner impersonated as an officer belonging to Indian Police Services Cadre and had gone to Gas Agency and demanded gas connection. The investigating agency has submitted the charge- sheet for the offences under Sections 420/511, 419/511, 170 and 171 IPC and Section 61 of Rajasthan Police Act.
The court of Metropolitan Magistrate, No.31, Jaipur framed charges for all the offences against the petitioner. Aggrieved against the same, the petitioner filed a revision petition (2 of 2) [CRLMP-1315/2018] and the revisional court held that no charge under Sections 420/511 and 419/511 IPC is made out. The revisional court, as already stated above, upheld the charges for offences under Sections 170 and 171 IPC and Section 61 of Rajasthan Police Act.
The learned counsel for the petitioner has submitted that the offence under Sections 61 of Rajasthan Police Act and Section 171 IPC overlap and hence, the petitioner cannot be prosecuted for both the offences.
The argument may look attractive at the first instance, but there is subtle distinguish between the two offences. Wearing of police uniform by a person who is not authorized to do so constitute offence under Section 61 of Rajasthan Police Act, however, under Section 170 IPC, if a person impersonate as a public servant knowing that he does not hold such office and under the assumed character, attempts to do any act, under the colour of such office, offence under Section 170 IPC is made out.
The revisional court below has rightly framed the charges for the offences under Sections 170 and 171 IPC and Section 61 of Rajasthan Police Act.No interference is warranted and the present petition being devoid of merits is dismissed. However, nothing said herein shall be construed as an expression on the merit of the case and the petitioner shall be at liberty to raise all arguments available to him before the trial court at appropriate stage.
(KANWALJIT SINGH AHLUWALIA),J Mak/-
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