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IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 25.05.2010

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Judgment delivered on: 19.07.2010

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Crl. Rev. P. No.261/2010 & CRL MA No.7006/2010

SAJJAN KUMAR

..... Petitioner

Through:

Mr. Amarendra Sharan, Senior

Advocate with Mr. Amit Anand

Tiwari, Mr. I.U. Khan, Mr. A.K.

Sharma, Mr. S.A. Hashmi & Mr.

Vivek Singh, Advocates

versus

C.B.I.

..... Respondent

Through:

Mr. Vikas Pahwa, Standing

Counsel with Mr. D.P. Singh &

Mr. Saurabh Soni, Advocates

CORAM:

HON’BLE MR. JUSTICE VIPIN SANGHI

1. Whether the Reporters of local papers may

be allowed to see the judgment?

Yes

2. To be referred to Reporter or not?

Yes

3. Whether the judgment should be reported

in the Digest?

Yes

J U D G M E N T

VIPIN SANGHI, J.

1.

The present petition has been filed by the petitioner under

Sections 397 & 401 Cr.P.C. to challenge the order dated 15.05.2010

passed by the Court of Ms. Sunita Gupta, District Judge-VII/NE-cum-

ASJ, Karkardooma Courts, Delhi in S.C. No.26/10, RC SII 2005 S0024

2010:DHC:3526

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under

Sections

109/147/148/149/153A/295/302/

396/427/

486/505/201 IPC.

2.

By the impugned order the learned ASJ has ordered the

framing of charge against the petitioner for offences under Section

120B read with Sections 153A, 295, 302, 395, 427, 436, 339, 505

IPC and also for the offence under Section 109 read with Sections

147, 148, 149, 153A, 295, 302, 395, 427, 435, 339, 505 IPC, besides

framing of a separate charge for offence punishable under Section

153A IPC. At the same time the application of the petitioner

seeking discharge has been rejected by the learned ASJ.

3.

The charge sheet in question filed by the CBI, which forms

the basis of the impugned order pertains, inter alia, to murder of

five persons, namely, Kehar Singh and Gurpreet Singh, the husband

and son of Smt. Jagdish Kaur, Sh. Raghvinder Singh, Sh. Narender

Pal Singh and Sh. Kuldeep Singh. Apart from the petitioner, who

has been arrayed as accused No.1, 11 other persons have been

named as accused, out of which 4, namely, Ishwar Chand Gaur @

Chand Sharabi, Dharam Veer Singh Solanki, Balidan Singh and Raj

Kumar @ Raja Ram, have already expired. Accordingly, they have

not been chargesheeted. The other 7 accused are Balwan Khokhar

(accused No.2), Mahender Yadav (accused No.3), Maha Singh

(accused No.4), Capt. Bhagmal (Retd.) (accused No.5), Santosh Rani

@ Janta Hawaldarni (accused No.6), Girdhari Lal (accused No.7) and

Krishan Khokhar (accused No.8).

2010:DHC:3526

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4.

Case FIR No.416/1984 was registered at police station

Delhi Cantt. on 04.11.1984 under Sections 147, 148, 149, 329, 436,

480, 302, 201 IPC against unknown persons on the complaint of Ms.

Baljeet Kaur D/o late Avtar Singh r/o WZ-108, Raj Nagar Part-II,

Palam Colony, Delhi. In her complaint, she made allegations of

unlawful assembly, rioting with dangerous weapons and attack on

her house by a mob of around 400-500 people on 01.11.1984,

resulting in injuries to her parents and another attack on her house

on 02.11.1984, in which her father was set on fire by the mob upon

the instigation of her neighbour Mahender Sharabi. Later, her

father had succumbed to his injuries. During the investigation of

the aforesaid case at police station Delhi Cantt. some complaints

were received in respect of similar incidents in the same locality.

The investigation of these complaints was also taken up after

clubbing them with FIR No.416/1984. After completion of the

investigation by Delhi Police, five charge sheets were filed against

10 accused persons.

5.

However, the name of the petitioner Sajjan Kumar did not

figure as one of the accused in the said cases bearing Special Case

Nos.10/1986, 11/1986, 31/1986, 32/1986 and 33/1986. The 10

accused persons were acquitted by the Court