HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 10710/2022

Babulal Singaria S/o Sangram Singh Singaria, Aged About 57

Years, R/o Bheru Gate Kekdi, At Present 21/245, Sukhadia

Nagar, Ajmer, Rajasthan.

---Accused-Petitioner

Versus

State Of Rajasthan, Through P.P.

----Respondent

For Petitioner(s)

:

Dr. Mahesh Sharma

For Respondent(s)

:

Mr. Mahendra Meena, PP

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Reserved on

:

16/12/2022

Pronounced on

:

12/01/2023

ORDER

(1)

By way of filing this petition under Section 482 of the

Code of Criminal Procedure (for short “Cr.P.C.”) the petitioner has

challenged the impugned order dated 04.11.2022 passed by the

Special Additional Chief Judicial Magistrate (P.C.P.N.D.T. Cases),

Ajmer, (for short “the Trial Court”) in case no. 1410/2009 CCIS

No. 4789/2016, by which the application filed by the petitioner

under Section 311 Cr.P.C. for summoning twenty witnesses, has

been rejected.

(2)

The counsel for the petitioner sought time on

12.12.2022 to submit copy of entire charge-sheet on the record

and accordingly the same was filed on the record of this matter for

perusal of the statements of the witnesses and other evidence.

(2 of 9)

[CRLMP-10710/2022]

(3)

Brief facts of the case are that on 30.06.2001, First

Information Report (for short “FIR”) No. 146/2001 was registered

against the petitioner with Police Station Civil Lines, Ajmer for the

offences under Section 332, 353, 186 of Indian Penal Code (for

short “IPC”) by the complainant Altaf Hussain alleging therein that

the meeting of Zila Satarkta Evam Jan Abhaav Abhiyog Nirakaran

Samiti Zila Ajmer (District Vigilance and General Public Grievance

Redressal Committee District Ajmer) started. In the said meeting

Ramswaroop Choudhary Zila Pramukh Ajmer, Kayum Khan

Member Legislative Assembly Masuda (for short “MLA”), Babulal

Singaria MLA Kekri, Rambabu Shubham Nominated Member, Smt.

Usha Sharma Collector, Alok Tripathi Superintendent of Police

Ajmer (for short “S.P.”), Vasudev Bhatt Additional S.P. Ajmer and

other public representatives and officers of the other departments

were present. The S.P. Alok Tripathi was supposed to attend

another meeting with higher officers to check the arrangements of

the journey tour of Pakistan President General Musharraf. Hence

the issue of law and order was taken first. Immediately

thereafter, the MLA Kekri Babulal Singaria started raising

allegations against the S.P., Alok Tripathi and raised two-three

months’ old issues of the law and order. Hence he was requested

to raise the relevant issues only. In the meanwhile Shri Singaria

said that he has the right to raise the issues in the capacity of

public representative, he slapped and assaulted Alok Tripathi and

tried to manhandle him. By such act, Shri Singaria obstructed in

discharge of public duties.

(4)

Upon this report, FIR was registered against the

petitioner and after investigation charge-sheet was submitted

(3 of 9)

[CRLMP-10710/2022]

against him for the offences under Section 332, 353 and 186 IPC

with list of forty-four witnesses. After framing of charges, trial

commenced against the petitioner and statements of the various

witnesses were recorded. The Public Prosecutor (for short “PP”)

dropped the following twenty witnesses, namely :-

(1)

K.K. Sharma son of Shri Jagdish Prasad

(2)

Rajpal Singh son of Shri Mohan Singh

(3)

Mohan Lal son of Shri Sant Lal Koli

(4)

Rambabu Shubham son of Shri Senda Lal Koli

(5)

Puran Prakash Gaur son of Shri Buddhi Prakash

(6)

Nirmal Kumar Sharma son of Shri K.K. Sharma

(7)

Madan Lal son of Shri Jagdish Prasad Koli

(8)

Gopal Singh son of Shri Mangu Singh

(9)

Gangaram son of Shri Ramchandra

(10) Prabhu Singh Koli son of Shri Hiralal Koli

(11) Gopal Singh Rathore son of Shri Chandra Ji

(12) Shiv Kishan Ajmera son of Shri Bhagwan Das Ajmera

(13) Dudh Singh Chauhan son of Shri Punam Singh

Ch