Chandigarh court frames charges against woman, son in 'trespass' case

Chandigarh, September 9

Additional Sessions Judge, Chandigarh, Jaibir Singh has framed charges against Preeti Singh Jakhar and her son Atharva Chaudhary for trying to enter the house of former Haryana Chief Secretary Vijay Vardhan in Sector 7 here on June 1, 2021, allegedly without permission, and attacking a security person.

“After hearing the arguments and going through the report filed under Section 173, CrPC, and accompanying documents, a prima facie case punishable under Sections 379-A, 353, 34 and 411 of the IPC is made out against the accused,” says the court.

The FIR was registered on a complaint filed by a policeman deployed at the former Chief Secretary’s official residence. In the complaint, Constable Sumer Singh said he was on duty at the official residence of the Chief Secretary of Haryana in Sector 7, Chandigarh.

Around 8.30 pm, the woman and a person accompanying her entered the house without any permission. When he tried to stop them, the person pushed him and the woman caught hold of his arm.

Meanwhile, another security personnel deputed at the house also reached the spot and tried to stop them.

During the arguments on framing of charges, Terminder Singh, counsel for the accused, said there was no evidence on record that the accused had not reached the given place without authority. He claimed they had reached the stated house on the asking of the owner of the house. He also argued that both accused were from a respectable family and highly educated, and would not commit such offences.

Hukum Singh, Public Prosecutor, said the accused committed the unlawful act and stressed the need for framing of charges.

At this stage, this court does not want to comment in detail on these arguments, but it is no presumption that the highly educated persons cannot indulge in such offences. Prima facie, if the owner of the house would have called the accused persons as is being alleged, then instead of committing the offences involving the complainant, who is a public servant, they should have contacted the owner of the house telephonically and should not have indulged in commission of the alleged offences. In view of the observations of the Supreme Court expressed in a case titled Omwati versus State (Delhi) Administration, the detailed circumstances showing the existence of a prima facie case against the accused persons for the offences in question are not required to be set out while framing charges. So the accused persons have been chargesheeted accordingly, says the court.

The court has adjourned the hearing in the case for October 10 to examine the prosecution witnesses.

‘Attacked’ Guard

Preeti Singh Jakhar and her son Atharva Chaudhary tried to enter the house of former Haryana Chief Secretary Vijay Vardhan in Sector 7 on June 1, 2021, allegedly without permission and reportedly attacked a security guard.