Sanjeev Sachdeva JUDGMENT
Sanjeev Sachdeva, J.
CRL. REV. P. 569/2017 & Crl.M.A. 12469/2017 (stay)
1. Petitioners impugn order dated 11.07.2017, whereby, charges have been framed against the petitioners under Sections 186/353/307 IPC read with Section 34 IPC.
2. Subject FIR No. 127/2015, Police Station Uttam Nagar was registered under Sections 186/353/332/34 IPC registered on the complaint of Inspector Bhagwan Singh, SHO, Police Station Uttam Nagar. After investigation, charge sheet was filed under Sections 307/186/353/332/34 IPC.
3. It was alleged by the SHO, Police Station Uttam Nagar that he was taking round in the Police Station, when he saw the petitioners shouting in the Duty Officer's room. They were shouting that they were illegally challaned by traffic police for the car and truck. It is alleged that he tried to pacify them and asked the Duty Officer to give them a paper so that they could write their complaint.
4. It is alleged that they continued to shout at him and the Duty Officer staff and when he tried to pacify them, they misbehaved with him and petitioner Nos. 2 and 3 caught his hand and the petitioner No. 1 assaulted him on his forehead and he sustained injuries on his forehead. It is alleged that three of them obstructed him from discharging his official duty and used criminal force upon him.
5. It is alleged that MLC was conducted and an opinion was given by forensic expert that on the basis of Hematoma on the forehead associated with loss of consciousness and vomiting, he was of the considered opinion that it was a "great head injury", which could cause permanent mental disorder or even death. Based on the said opinion, charge sheet was filed inter alia under Section 307 IPC. Trial Court by the impugned order has framed charges under Sections 186/353/307 IPC read with Section 34 IPC.
6. The contention of the petitioners is that on the night of the incident, the traffic police intercepted one tempo and tried to impound the vehicle illegally. It was initially released, however, another Police Officer again stopped the vehicle and demanded money. Petitioner Nos. 2 and 3 made a call to the police control room as traffic police official was demanding bribe. Tempo was challaned and released, however, the car of the petitioner Nos. 2 and 3 was illegally impounded. Since multiple calls were made, matter was referred to Police Station Uttam Nagar.
7. SHO, Police Station Uttam Nagar/complainant herein is alleged to have made undue demands from petitioner Nos. 2 and 3. Petitioner Nos. 2 and 3 thereafter called the petitioner No. 1. Petitioner No. 1 on reaching Police Station Uttam Nagar requested the Duty Officer ........