Criminal Misc.-M No.21998 of 2008 : 1 : IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.-M No.21998 of 2008 Date of Decision: August 28, 2008 Naresh @ Langra ...Petitioner VERSUS State of Haryana ...Respondent CORAM: HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr.N.K.Malhotra, Advocate, for the petitioner. ***** RANJIT SINGH, J. The petitioner has filed this petition under Section 482 Cr.P.C. for quashing of a charge-sheet dated 12.6.2008 alleging that the petitioner has been wrongly and illegally charge-sheeted for offences under Sections 148, 148, 186, 332, 333, 307 and 353 IPC. The order framing the charge is a revisable order and it will, thus, be doubtful if petition under Section 482 Cr.P.C. can be Criminal Misc.-M No.21998 of 2008 : 2 : maintained to quash the charge-sheet as prayed for in the petition. Without going into this aspect, I find that no case on merit is made out for quashing of the charge-sheet on the ground as urged by the petitioner. The primary submission made on behalf of the petitioner is that there is no allegation levelled against him and allegation, if any, is made against two persons, namely, Vicky @ Shaka and Sani son of Amar Nath. This assertion of the petitioner is not borne out from the material on record. A perusal of the FIR, as reproduced in the petition, would show that there was a procession taken by Balmiki community on 27.8.2007. They were expressing anguish over death of Lara Balmiki, resident of Gohana. Dheeraj Kumar Setia, DSP was looking after the law and order situation. As per the allegations in the FIR, at about 12.30 P.M., Vicky, Sani son of Amar Nath, Ravinder and Naresh (petitioner) and some other persons came along with large number of people of Balmiki community raising lalkara that they have to take revenge of the death of Lara. They were also heard saying that the police was creating hindrance in their design and so they should first tackle the policemen. They all statedly came towards police persons with stones in their hands. The police officials present attempted to make the crowd understand but they did not see reason and attacked the police with the stones and bricks carried by them. It is alleged that Sani son of Amar Nath threw stone in his hand towards complainant Rustam, Shaka alias Vicky was heard stating that he would kill the DSP and threw stone which was in his hand towards DSP, which hit on his nose. Blood started oozing Criminal Misc.-M No.21998 of 2008 : 3 : out of the nose of the DSP. All the persons were seen throwing stones on the police leading injuries to officers and policemen. From the nature of allegations as reproduced above, it is not possible to say that no role is attributed to the petitioner. In any case he is seen being part of the crowd which had resorted to throwing brick-bats towards police party resulting in injuries to many persons. The offences alleged for which the petitioner and other persons have been charged are clearly made out from the material on record. The learned counsel for the petitioner apparently is ignoring the provisions of Section 149 IPC while raising a plea that no specific role is attributed to the petitioner for an offence under Section 307 IPC. As per Section 149 IPC, every member of unlawful assembly is to be guilty of an offence committed in prosecution of a common object. The counsel for the petitioner, as such, obviously is raising this plea while ignoring the provisions of this section. I do not see any infirmity in the order framing the charge or the charge sheet. The petition is dismissed in limine. August 28, 2008 ( RANJIT SINGH ) ramesh JUDGE