Excelsior Correspondent
JAMMU, Jan 19: Chief Judicial Magistrate (CJM) Jammu Anjum Ara has framed charges against Munish Kumar Khajuria, Ambedkar Gupta and Sunny Mahajan, who were arrested for disrupting Assembly proceedings in the year 2012.
According to the prosecution case, on 08.10.2012 during Assembly proceedings accused persons namely Ambedkar Gupta, Manish Khajuria and Sunny Mahajan had managed their entry into public gallery without any valid reason.
During the question hour all the three suddenly stood up from their seats and started shouting slogans besides waving the flag of a newly established political party “JKDF” and two of them jumped into the well of the house from the height of approximately 7 ft. One of the offenders reached near the seats of members in the front row at about distance of 22fts from the public gallery and shouted in an aggressive manner addressing the Speaker in an unprecedented manner.
During the course of trespass, accused persons physically assaulted the watch and ward staff deployed on duty in the house. Thereafter orders were passed by the Speaker for handing them over to Special Security Civil Secretariat pending decision into the contempt committed by them.
Accordingly, FIR was registered and investigation of the case started. On the basis of investigation offences under Section 352/452 RPC were found made out against all the three accused persons.
After hearing both the sides, the CJM observed, “it appears that prima facie the accused persons have committed offences under Sections 452/352RPC as such they cannot be discharged at this stage. The contradictions if any in the prosecution case and in the statements of witnesses cannot be looked into at this stage and same can be considered at final stage on the basis of evidence to be adduced during trial”.
“Once there is sufficient material against the accused persons which would ultimately result in conviction, the court should frame charges against accused persons without elaborating the evidence and other material on the file”, the CJM said, adding “this court is of the opinion that there exist sufficient reasons and grounds to proceed further in the case”.
Accordingly, the accused were charged for the offences under Section 452/352RPC.
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