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High Court of DelhiCRL.M.C./3066/2016

Balbir Singh Rajput v. State

2018-08-07Hon'Ble Mr. Justice R.K.Gauba2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3066/2016 & CRL.M.A. 13190/2016 (stay) BALBIR SINGH RAJPUT ..... Petitioner Through:

Mr. Surinder Kaul proxy counsel versus STATE ..... Respondent Through:

Mr. Akshai Malik, APP for State with SI Manuj Kumar, PS Parliament Street.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 07.08.2018 By the petition at hand invoking inherent power of this court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), prayer is made for quashing of the proceedings arising out of first information report (FIR) no. 194/2003 of Police Station Parliamentary Street. The gravamen of the charge against the petitioner in the aforementioned criminal case primarily is that he had entered the precincts of the Parliament impersonating himself as Mr. Shatrughan Sinha, the then Minister of Shipping in the Government of India. It is indicated by the petition itself that the investigation having been completed, question of charge was considered and, by order dated 22.02.2005, charge was framed against the petitioner for offences punishable under Sections 417/447/448 of the Indian Penal Code, 1860 (IPC). Thereafter, the case is at the stage of prosecution evidence.

CRL.M.C. 3066/2016

The prime submission made in the petition is that the intention of the petitioner was only to highlight lapses in the preparedness of security agencies deputed at Parliament House. The question of fact thus raised as defences will have to be addressed at the trial. There is no good ground to quash the proceedings. The petition is dismissed.

Pending application also stands disposed of.

The trial court record shall be returned forthwith. R.K.GAUBA, J.

AUGUST 07, 2018/uj CRL.M.C. 3066/2016