Crl.Rev.No.1572 of 2001 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Revision No. 1572 of 2001 Date of Decision:February 09,2010 Rajwant Singh ...........Petitioner Versus Avtar Singh and others ..........Respondents Coram: Hon'ble Mrs. Justice Sabina Present: Mr.Munishwar Puri, Advocate for the petitioner. Mr. V.K.Chaudhary,Advoate for the respondents Sabina, J. Accused-Avtar Singh and others, respondents were acquitted of the charge framed against them vide judgment dated 8.6.2001 passed by the Judicial Magistrate Ist Class Amritsar , on the complaint of the complainant-Rajwant Singh filed under Sections 325/465/34 IPC. Aggrieved by the same, petitioner-Rajwant Singh, complainant has filed the present revision petition. The case of the complainant, as noticed by the trial Court, in para 1 of the judgment , reads as under:- Crl.Rev.No.1572 of 2001 2 "The case of the complainant is that the complainant is a transporter and is the law abiding citizen and has got some dispute for the ancestral property with accused No.1 for which the litigation is pending between the complainant and accused No.1 in different courts. The husband of sister of wife of Avtar singh is an ASI. Gurjinder Singh, who is reader to the SP.D.Amritsar and in connivance with other notice officials were out to harass and pressurized the complainant. In order to achieve their motive on 27.3.91 when the complainant alongwith his son Sukhwant Singh was getting his truck repaired and he was having Rs.12920/- in his pocket at ghee mandi, Amritsar at about 3.30 p.m., the accused No.1 Avtar Singh, ASI Gurjinder Singh, ASI Kulbir Singh, HC Amrik Singh accompanied by other 2/3 constables came there. All the accused started giving beatings to the complainant and also snatched Rs.12920/- from the complainant and then forcibly took him to the P.P.Sultanwind to put his signatures on blank papers and when the complainant refused to do so, then he was again given beatings by abovesaid accused persons and then Sukhwant Singh son of the petitioner Lakhwinder Singh and Kailash Chander went to PP Sultanwind in order to get release the complainant. They also saw complainant being confined in the lock up in his presence also all the accused persons gave him beatings in consequences of which complainant suffered injuries. The complainant was illegally kept confined for whole of the night and only released on 28.3.91 at 11.a.m. Then the complainant went to the hospital and got himself medically Crl.Rev.No.1572 of 2001 3 examined. The complainant alongwith others met DSP City who heard him that the suitable action shall be taken against the erring police officials and also ordered the accused to return the money being snatched from the complainant. In consequences of that order the accused persons returned the money in two installments. Though the money was returned to the complainant but no action has been taken so far. No FIR has been registered or action taken against the police officials. Hence, the instant complaint." After hearing the learned counsel for the parties, I am of the opinion that the instant petition deserves to be dismissed. The learned trial Court, after appreciating the evidence led by the parties on record, has come to the conclusion that the occurrence had taken place on 27.3.1991 at 3.30 P.M.,whereas, the complaint was filed on 15.4.1991. The complainant had failed to explain the said delay. Although the complainant had suffered injures on 27.3.1991 at 3.30 P.M. yet he got himself medically examined on 28.3.1991. Complainant and respondent No. 1 are the real brothers and civil litigation is pending between them. A criminal complaint was filed by the complainant-Rajwant Singh under Sections 420,467,468,471 IPC. Proceedings under Section 145 Cr.P.C had also been initiated between the parties. In the complaint case filed by the complainant, Avtar Singh-respondent No.1 was acquitted. Although the occurrence had taken place in an area where there were many shops yet no independent witness was examined by the complainant. The son of the complainant-Sukhwant Singh has only been examined by the complainant to substantiate his case. DW1 Rajinder Singh deposed that SI Gurjinder Singh was Crl.Rev.No.1572 of 2001 4 present on duty on the day of occurrence. DW2 Yugal Kishore deposed that Avtar Singh remained present on duty on 27.3.1991 from 8.10 a.m. to 5.10 p.m. DW3 Madan Singh deposed that Kulbir Singh and Amrik Singh were searching the truck driver involved in FIR No.649/90 dated 28.12.1990 under Section 304-A IPC. The truck belonged to Rajwant Singh, complainant and,therefore, the said respondent had raised the premises of the complainant. Keeping all these facts and circumstances in mind, the learned trial Court had, thus, rightly acquitted the accused of the charge framed against them by giving them benefit of doubt. No ground for interference is made out. Dismissed. (Sabina) Judge February 09 , 2010 arya Crl.Rev.No.1572 of 2001 5