Delhi District Court
State vs . Riyazuddin @ Raja on 5 October, 2012
IN THE COURT OF MS.CHARU AGGARWAL: MM(05):
NORTH DISTT. TIS HAZARI COURTS: DELHI
STATE VS. RIYAZUDDIN @ RAJA
FIR NO. 509/99
PS : Kotwali
U/s: 186/353 IPC
Unique ID NO. : 02401R0523002002
1. Sl.No. of the case : 000630/K/10
2. Date of commission of offence : 25.08.1999
3. Name of accused and address : Riazuddin, S/o Late Sh.
Salauddin,
R/o H. No. 148, Khureji Khas, Delhi.
4. Offence complaint of : 186/353 IPC
5. Plea of accused : Pleaded not guilty
6. Final order : Acquittal
7. Date of such order : 05.10.2012
JUDGMENT:
1. The FIR of the present case was registered against accused under section 186/353 IPC at the behest of complainant SI Rajender Singh.
2. The case of the prosecution is that on 03.08.1999, complainant received a complaint No. 1826 from DCP Traffic Office regarding bus bearing no. DL-1P-4549 that said bus is committing violation of traffic rules.
On 25.08.1999, complainant was posted as ZO Traffic and was present at Red Fort crossing with staff namely Ct. Devender, Ct. Ram Avtar, Ct. Sanjay and Ct. Govardhan for challaning the drivers who were using mobile phones while driving. On that day, the above named police officials saw that the above bus in question was coming from the side of Chatta Rail and was taking passengers from the place where there is no bus stand. Complainant stopped the bus and challaned it and impounded the bus.
1Thereafter, the above police officials were standing for challaning the other buses. In the meantime, accused stated to be himself owner of the bus came there and started misbehaving with the abovenamed police officials and said that why his bus has been impounded and he will teach them how to serve in government. All police officials present there tried to pacify the accused but he did not pay any heed for the same. Accused also abused to the police officials. Thereafter, this case was registered on the complaint Ex. PW-1/A against the accused.
3. After completion of investigation charge sheet was filed in Court. Accused was summoned. On 27.11.2002, charge u/s 186/353 IPC was framed against accused to which he pleaded not guilty and claimed trial. Thereafter, matter was fixed for PE.
4. In order to prove above allegations, the prosecution has examined 10 witnesses.
5. PW-1 is complainant himself, who stated that on 25.08.1999, he was posted as ZO Traffic in Kotwali section and was present at Red Fort crossing with Ct. Devender, Ct. Ram Avtar, Ct. Sanjay and Ct. Govardhan for challing the drivers who were using mobile while driving. On that day, the above named police officials saw that the above bus was coming from the side of Chatta Rail and was taking passengers from the bus where there is no bus stand. Complainant stopped the bus and challaned it and impounded the bus. Thereafter, the above police officials were standing for challaning the other buses. In the meantime, accused stated to be himself owner of the bus came there and started misbehaving with the abovenamed police officials and said that why his bus has been impounded and he will teach them how to serve in government. All police officials present there tried to 2 pacify the accused but he did not pay any heed for the same. Accused also abused to the police officials. Accused was taken to the Red Fort Police Post by PW-1. In the meantime, ASI Sukhpal also reached there. Accused was handed over by this PW to ASI Sukhpal. IO prepared the site plan at the instance of this PW. IO seized the copy of challan vide seizure memo Ex. PW-1/B. Copy of complaint is Ex. P-1 and challan is Ex. P-2.
6. PW-2 is Ct. Ram Avtar, who stated that on 25.08.1999, he was posted in the circle Kotwali and was present at Red Fort crossing with SI Rajender Singh, Ct. Devender, Ct. Sanjay and Ct. Govardhan for challing the drivers who were using mobile while driving. On that day, the above named police officials saw that the above bus was coming from the side of Chatta Rail and was taking passengers from the bus where there is no bus stand. Complainant stopped the bus and challaned it and impounded the bus. Thereafter, the above police officials were standing for challaning the other buses. In the meantime, accused stated to be himself owner of the bus came there and started misbehaving with the abovenamed police officials and said that why his bus has been impounded and he will teach them how to serve in government. All police officials present there tried to pacify the accused but he did not pay any heed for the same. Accused also abused to the police officials.
7. PW-3 is Dr. Ajit Kumar Singla, DCP Traffic who gave the permission U/s 195 Cr.PC. for the prosecution of the accused.
8. PW-4 is Ct. Govardhan who stated that on 25.08.99 he was present at Red Fort Chowk with PW-1, PW-2, Ct. Yashpal and Ct. Sanjay. At that time, accused came there and started abusing PW-1 and also threatened to get him dismiss from the services.
39. PW-5 is Ct. Anand Kumar who stated that on 25.08.1999 he alongwith ASI Sukhpal reached at Red Fort Chowki, where PW-1 was present alongwith his staff. Accused was also present there. Accused was under the influence of liquor. He was taken to JPN hospital for medical check-up. IO recorded the statement of SI Rajender Singh and prepared the rukka and handed over the same to this PW for registration of case, accordingly FIR was registered. Accused was arrested and his personal search was conducted.
10. PW-6 is DO SI Babu Lal, who has proved registration of FIR Ex. PW-6/A.
11. PW-7 is Ct. Devender Kumar who stated that on 25.08.99 he was present at Red Fort with PW-1, PW-2, PW-4, Ct. Yashpal, and Ct. Sanjay. At that time, accused came there and started abusing PW-1 and also threatened to get him dismiss from the services.
12. PW-8 is Ct. Sanjay who stated that on 25.08.99 he was present at Red Fort with PW-1, PW-2, PW-4, PW-7 and Ct. Yashpal. At that time, accused came there and started abusing PW-1 and also threatened to get him dismiss from the services.
13. PW-9 is Inspr. Harsurender Pal Singh who proved the duty roster of the police officials present at the spot.
14. PW-10 is SI Sukhpal Singh who stated that on 25.08.1999 he alongwith Ct. Anand reached at Red Fort Chowki, where PW-1 was present alongwith his staff. Accused was also present there. Accused was under the influence of liquor. He was got medically examined. This PW recorded the statement of SI Rajender Singh and prepared the rukka and handed over the same to PW Ct. Anand for registration of case, accordingly FIR was 4 registered. Accused was arrested and his personal search was conducted.
15. After completion of prosecution evidence, statement of accused u/s 313 Cr.PC. was recorded in which he stated that he was not the owner of the bus. The bus was challaned. The police officials were demanding bribe and when refused to pay this case was registered.
16. I have heard Ld. APP and Ld. defence counsel for accused.
17. The allegations against the accused are that he obstructed the PW-1 in discharging his public duties and also used criminal force in execution of duty as public servant.
In order to prove the charges against the accused, the prosecution was required to prove that :
1. Accused obstructed PW-1 from discharging his public duties.
2. Accused assaulted or used criminal force on PW-1 and deter PW-1 from discharging his duties.
In order to prove the charges against the accused, prosecution has examined 10 witnesses. Out of 10 witnesses, PW-1, PW-2, PW-4, PW-7 and PW-8 are the witnesses who were present at the time of incident. All 5 eyewitnesses to the incident has consistently stated that accused misbehaved and abused PW-1 while PW-1 was challaning the vehicles who were using mobile phones while driving. None out of the 5 eyewitnesses have stated that accused used any criminal force or assaulted PW-1 in the entire alleged incident. None out of the 5 eyewitnesses have even whispered about the fact that accused assaulted or used criminal force on PW-1 while discharging public duties by him (PW-1). Nothing has come on record against accused for the offence U/s 353 IPC, hence accused is acquitted for 5 the said offence.
Now, the other section for which accused is charged is 186 IPC. Again for deciding the charge U/s 186 IPC, I will go on the testimonies of eyewitnesses i.e. PW-1, PW-2, PW-4, PW-7 and PW-8. They all consistently stated that accused has misbehaved and abused PW-1. From the testimonies of all the eyewitnesses, it seems that only hot arguments took place between PW-1 and accused. In my view, every hot arguments cannot be converted into a criminal case which is a serious matter. Moreover, my conscious does not permit me to convict a person on a general statement of misbehaving and on using words by the accused that he will get PW-1 dismissed from the job. I do not find sufficient material on record to convict the accused on the above general statement of all eyewitnesses.
18. In view of aforesaid discussion, accused is acquitted for the offence u/s 186/353 IPC. Bail bonds and surety bonds cancelled. Surety stood in the present case is discharged. Endorsement, if any, on any document regarding the present case be cancelled. Original, if any, be returned to the rightful claimant. Accordingly, file be consigned to Record Room.
Announced in the open court
on 05/10/2012 (Charu Aggarwal)
MM-05/NORTH/
TIS HAZARI COURT, DELHI
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