YOGENDRA PRASAD SINGH Vs. SITARAM SHARMA

JUDGEMENT

(1.) Two petitioners have challenged the order dated 12.8.1998 passed by the learned Sessions Judge, Sitamarhi in Cr.Revision No.226/98. By the said order, the learned Sessions Judge, Sitamarhi has rejected the Revision petition filed by the petitioners against the order dated 27.3.1998, whereby the learned Judicial Magistrate, 1st Class, Pupri at Sitamarhi had rejected the discharge petition filed on behalf of the petitioners.

(2.) The short facts of the case is that on 15.12.1992, an F.I.R. vide Pupri P.S. Case No.105 of 1992 was registered for offences under Sections 10 and 13 of the Unlawful Activities (Prevention) Act,1967( hereinafter referred to as the Act) on the written information given by the Sub-Inspector of Police of Pupri Police Station. The said F.I.R. was lodged after arresting these petitioners and five others on the charge that petitioners were 2 members of Vishwa Hindu Parishad . Thereafter, it appears that the police after investigation submitted chargesheet and the learned Magistrate also took cognizance for said offences.

(3.) At the charge stage, a petition was filed on behalf of the petitioner for their discharge. In the discharge petition, a specific plea was taken by the petitioner that Vishwa Hindu Parishad was not banned under Section 3 of the Act nor the Central Government ever referred to the tribunal for its confirmation. It was submitted that without declaring an association as banned association under Section 3 of the Act, no one can be prosecuted on an allegation that he was a member of such association.It was further argued that the prosecution under the Act was launched without obtaining prior sanction from the Central Government. On these grounds, the discharge petition was filed. However, the learned Magistrate by its order dated 27.3.1998 rejected the discharge petition. While rejecting the discharge petition, the learned Magistrate has mentioned that since in this case cognizance has already been taken, it would not be appropriate to discharge the accused/petitioners.