Decided on October 03,2007

MANOJ SHARMA Respondents


- (1.) This petition under Article 226/227 of the Constitution of India has been filed by the petitioners seeking quashing of order dated 27th April, 2006 and 28th April, 2006 passed by ACMM, New Delhi in a complaint case.
(2.) A complaint was filed before ACMM by an advocate on 27th April, 2006 stating therein that he was shocked on reading newspaper reports about the excess force used by the police officials against the peaceful demonstrators/ medical protestors/students protesting against the reservation policy in higher studies. The learned ACMM passed an order on the same day directing DCP, New Delhi to appear in person in Court on 28th April, 2006 and furnish a report in respect of the allegations of use of excessive force on demonstrators on 26th April, 2006. ACMM also sought a report regarding number of demonstrators arrested and their condition.
(3.) It is submitted that ACMM entertained the complaint without there being any victim of alleged use of force, only on the basis of newspaper report. There were no allegations of an offence having been committed by petitioner no. 2, but ACMM directed petitioner no. 2 to appear in person in the Court. Petitioners claimed that on 26th April, 2006 the agitating students were tried to be stopped from proceeding further however, students burnt effigies, shouted anti reservation and anti government slogans and without any provocation, a group of students became volatile and started running here and there. Police tried to stop the students on various points on Janpath by putting barricades and creating human chains of police officials but the students were bent upon reaching at 17, Akbar Road, New Delhi, residence of the Minister concerned. When the police was not able to control the students by peaceful means and students converted themselves into an unruly crowd, police was constrained to use water canon and two tear-gas shells. In controlling the mob four police officials sustained injuries however, no injury was sustained by the demonstrators.;

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