Interim Order 16

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 6
SC 482/2024
STATE Vs. DR RAJEEV SHARMA
FIR No. 284/2024
PS (Begum Pur)
27.03.2026
Present : Sh. K D Pachauri, Ld. Addl. PP for the State.
Sh. Ashish Dahiya, Ld. LADC for applicant/accused.
Accused (through VC)
It is submitted by accused that he has been falsely implicated by complainant in
collusion with the police officials. He has further stated that he has also filed many cases against the
complainant. He has also submitted that the LADC appointed by this Court for him is incompetent and
he has no authority to appear on his behalf.
It is submitted by Ld. LADC that prima facie, section 3(1)(r & s) of the SC/ST Act
are not made out as no independent public witness has been arrayed as witness who has stated about
the castist remark. It is further submitted that one statement of Sh. Vikas Sharma cannot be given
much importance as he is friend of the complainant.
It is submitted by Ld. Addl. PP for the State that the incident has occurred in public
place. Hence section 3(1)(r & s ) of SC/ST Act are also applicable. It is also submitted that section
3(2)(va ) of SC/ST Act are also applicable.
Heard.
It has been noted that accused is in habit of arguing his case though he has no legal
knowledge. His arguments are round about and are not specific to the charge sheet produced. The
accused is in habit of stating his own version on every date without making reference to the charge
sheet. This was the reason that LADC counsel was appointed for him to assist this Court. Even today,
two misc applications have been filed by the accused wherein he has made allegations against the
ACP, LADC as well as the court.
After going through the submissions of the parties and perusal of the charge sheet,
section 3(1)(r & s ) of SC/ST Act is not made out as the incident is stated to took place inside a shop
of the complainant. It is nowhere mentioned in the charge sheet that the place was visible to public.
Hence, no charge u/s section 3(1)(r & s ) of SC/ST Act is made out.
After going through statement of the complainant as well as MLC, prima faice,
charge u/s 323/506 IPC r/w section 3(2)(va) of SC/ST Act are made out.
Hence, put up for framing of charges under sections mentioned above. The accused
is directed to remain present on NDOH.
List on 07.05.2026.
(SHIVAJI ANAND)
ASJ-II/SPECIAL JUDGE NDPS/
NORTH-WEST/ROHINI COURTS/
DELHI/27.03.2026
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