Delhi District Court
Mohd. Aquil @ Bhura vs State on 3 May, 2008
Crl. Rev. No.65/08 1
IN THE COURT OF SHRI H.S.SHARMA, ADDL.SESSIONS JUDGE, DELHI.
Crl. Rev. No.65/08
MOHD. AQUIL @ BHURA
S/o Lte Bashiruddin,
R/o H.No.7557, 'Gali Barak Wali,
Kasab Pura, Sadar Bazaar, Delhi-110006.
VERSUS
STATE
NCT OF DELHI
Date of Institution : 31.03.2008
Date of receipt of this case in this Court : 01.04.2008
Date of Arguments : 23.04.2008
Date of Decision : 03.05.2008
Shri Jai Kant Prasad, Advocate for the petitioner.
Shri R.K.Tanwar, Addl.P.P for the state/respondent.
ORDER
This revision is directed against the order dated 01.03.2008 passed by the Ld.MM, Delhi vide which the charges under Sections 188/447 IPC were framed in pursuance of the order dated 27.02.2008.
2 Arguments heard. File perused.
3 The main plank of the argument of Counsel for the petitioner is that since this petitioner is facing trial under Sections 270/427/448 IPC (FIR no.149/05) for his having encroached upon the land of the MCD on the intervening night of 05/06.04.2005 by breaking open the gate lock of the Crl. Rev. No.65/08 2 boundary, therefore, in the absence of any allegation of the petitioner having re-entered in the property, no offence under Section 188/448 IPC is made out.
It has been submitted that the evidence in case FIR no.149/05 is being recorded. The Executive Engineer while making the complaint dated 28.04.2007, did not mention as to on which date, the seal had been broken.
According to Ld. Counsel for the petitioner, the charges framed against the petitioner are liable to be quashed.
4 I do not agree with Ld. Counsel for the petitioner. I got summoned the file of case bearing FIR no.149/05 Police Station Sadar Bazaar. The allegations against the petitioner in that case are that he had broken open the lock on the intervening night of 05/06.04.2005. The land belongs to the Slum Department. Therefore, if the petitioner had allegedly broken open the lock again and demolished a portion of the boundary wall, he has primafacie committed the offences under Section 188/447 IPC. As per the prosecution case, that the property in question had been sealed by the MCD officials with the assistance of the police. Therefore, the act of the petitioner falls within the mischief of Sections 188/447 IPC. The revision is without any merits and is, accordingly dismissed. Both the files i.e., the file of case bearing FIR no.156/07 and FIR no.144/05 be sent back. Copy of the order be placed on the file of case bearing FIR no.156/07. The revision file be consigned to Record Room. The petitioner should appear before the Ld. Trial Court on the date fixed i.e., 05.05.2008.
Announced in the open court (H.S.SHARMA) On this day of 3rd of May 2008 ASJ/DELHI All pages signed