Sandeep Raina and Another vs State

B.L. Bhat, J.—Through the medium of the petition in hand u/s 561-A, Cr.PC, the petitioners have sought indulgence of this Court for quashing the proceedings pending before the learned Chief judicial Magistrate, Katra being FIR No. 96/2002 titled as State v. Sandeep Raina and

Anr. and the order recorded by the learned Chief Judicial Magistrate dated 20.7. 2002 with respect to the said petition.

It appears that police Katra came to charge sheet the petitioners/accused before the learned Chief Judicial Magistrate, Katra, pursuant to the

registration of the case under FIR No. 96/2002 alleging therein that on 30.4.2002 near police check post, Numaian where Shri Bhadur Chand,

ASI and constable Subash Chander were on duty, the accused persons at 9:30 P.M. addressed to the girls who were travelling by the buses

saying"" you sweet girls where are you going, the weather is so pleasant, let us enjoy moments of the pleasure by going some where together.

These words which are alleged to be obscene in nature caused annoyance to the other people and the girls got ashamed. On presentation of the charge-sheet before the learned judicial Magistrate, Katra the accused were produced before him who were furnished the copies in terms of

Section 173, Cr.PC. The accused preferred an application before the trial Court for dropping of the proceedings on the ground that no offence is made out from the allegations put forthwith by the prosecution in the charge-sheet and the alleged offence is trivial in nature. The learned

Magistrate came to turn down this request of the accused by rejecting their application by virtue of order dated 20.7.2002.

Heard learned counsel for the parties and have also perused the statement of witnesses whose statements have been recorded during the course

of investigation u/s 161, Cr.PC. Bhadur Chand, ASI and Subash Chander constable are listed as eye witnesses. Both the witnesses in their said statements u/s 161, Cr.PC have with one voice stated that they were on duty at 9:30 P.M at Check Post, Numaian when two matured girls were travelling with other pilgrimages by buses came out of their buses and the accused addressed to them by saying you sweet girls, where are you

going, the weather is so pleasant, let us enjoy moments of the pleasure by going somewhere together as a result of which these girls got ashamed and caused annoyance to the other pilgrimages and they (the witnesses) reacted and apprehended the accused produced them before the police station for proceeding further against them. The evidence of these persons namely ASI Bhadur Chand and constable Subash Chander who are undisputedly members of public got annoyed by the allegedly utterances of the petitioners/accused which they made towards the girls of mature

age, apprehended them and produced them before the police for further proceedings in the matter.

Viewed thus, the challan filed pursuant to FIR in question and thereafter the proceedings by the trial court and also the order recorded by the

trial Court for rejecting the application for dropping of the proceedings can by no stretch of imagination be said abuse of process of law or of the

court. Therefore, the application is not sustainable, same is dismissed. Record of the case be returned forthwith together with copy of this order to the trial Court where the accused will cause their appearance on 31.3.2003.