Mr. Sandeep Mehta, J. - (1.) By way of this petition under Section 482 Cr.P.C., the accused petitioners have approached this Court for challenging the order dated 1.7.2017 passed by the learned Additional Sessions Judge No. 3, Udaipur in revision whereby the revisional court affirmed the order dated 14.10.2016 passed by learned Judicial Magistrate No. 1, Udaipur North in Cr.Case No. 55/2016 directing framing of charges against the petitioners for the offences under Sections 332, 353, 504, 506, 477/34 I.P.C.
(2.) Learned counsel Shri Saraswat urged that even if the admitted allegations of the complainant being an officials of the Commercial Taxes Department ACTO Smt. Rashmi Shrivastava and her companions are accepted as such, then too, the offences if any attributed to the petitioners would not extend to beyond Sections 353, 504 and 506 I.P.C. He urged that the allegations of physical grappling with the tax officials and of snatching and tearing up the documents is specifically attributed to Rajmal who was not even charge-sheeted by the Police. He thus urged that exfacie, the impugned orders are bad in the eye of law and should be suitably modified.
(3.) Learned Public Prosecutor vehemently opposed the submissions advanced by the petitioner's counsel. However, he too is not in a position to dispute the fact that even as per the highest case set up in the F.I.R. and in the investigational statements, while the survey team of the Commercial Taxes Department headed by Smt. Rashmi ACTO was undertaking the survey of the petitioner's business premises, Rajmal Jain being the Chairman of the Readymade Association reached there. It is he who jostled and grappled with the official party. The allegations of snatching and tearing up the documents seized by the officers of the Commercial Taxes Department was also specifically made against Rajmal. However, the Police did not find him involved in the incident. On going through F.I.R. and the statements of Smt. Rashmi Shrivastava the complainant ACTO and her companions, it is manifest that the highest allegations as against the petitioners in whose business premises, the survey was being undertaken is that they misbehaved with the tax officials. While the survey was being undertaken, Rajmal the Chairman of the Readymade Association was called; he came around with 10-15 more people and started abusing the survey team. The specific allegation of snatching the sanction letter and the other documents from the hands of the ACTO and tearing the same up, was levelled only against Rajmal. She also alleged that Rajmal and Anil tried to beat her with sticks. However, there is no allegation whatsoever that any injury was actually caused to the complainant party in the incident. The Police did not find Rajmal involved in the offence and he was exonerated.;