New Delhi: Three Rajasthan Armed Constabulary (RAC) personnel, who were in 2010 deployed at the residence of a Delhi High Court judge, have been summoned by a court here for allegedly assaulting their senior officer after he pulled up one of them for not discharging his duties properly.
Metropolitan Magistrate Navita Kumari summoned three constables of RAC 11th Battalion, who were posted at Justice Kailash Ghambir`s residence in 2010, under section 452 (house trespass after preparation for hurt), 323 (voluntarily causing hurt) IPC.
"Since a case under section 452, 323 and 34 (acting with common intention) IPC has been disclosed against the three accused, they be summoned for October 3, 2013," the court said.
The court also noted that the protection of sanction for their prosecution (section 197 CrPC) is not available to the trio, at present posted at Vijay Ghat here, because the criminal act of trespass and causing hurt could not be stated to be part of their official duty.
The court order came on a complaint filed by Anil Kumar, a head constable in the 11th Battalion of RAC, the state`s paramilitary force, on November 26, 2010 against his subordinates, constables Siyaram, Surjan Lal and Babu Lal.
Kumar, a native of Rajasthan, had said in his complaint that in October 2010, he was deputed at B-7, Dr Zakir Hussain Marg here as Guard Commandant for 10-12 days and the three accused and another constable were working under him.
The complainant said Siyaram was not doing his duty properly following which he was warned.
Kumar had alleged that due to the reprimand, Siyaram had nursed a grudge and on October 6, 2010, while he was asleep in the guardroom, the trio had attacked him with logs and kicked and punched him.
He had received injuries on his left eye, nose and forehead, Kumar had alleged, adding that all the accused then fled from the spot. The complainant had called the PCR and the cops had rushed him to the hospital.
One of the witnesses, Rajeev Chahar, who had gone to visit Kumar on the day of the incident, told the court that he saw the trio beating up Kumar and when he raised an alarm the accused fled from the scene.