Crl. Misc. No. 28167-M of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. 28167-M of 2010 (O&M) Date of decision : 31.03.2011 Sant Mahabir Singh ......Petitioner versus State of Punjab and another ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. Manjit Kumar, Advocate for the petitioner. Sh. Raghbir Chaudhary, Sr. D.A.G., Punjab for respondent No. 1-State **** RITU BAHRI , J. (Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing the FIR No.38 dated 15.06.2010 under Sections 7365, 341, 342, 323, 506, 120-B of IPC, registered at Police Station Chabbewal, Tehsil and District Hoshiarpur (Annexure P2) and all the subsequent proceeding arising therefrom against the petitioner. As per the F.I.R, the complainant-Ram Saran was going on his motorcycle and when he reached near Vilalge Sarangwal, one Sohan Singh, Jarnail Singh and their younger brother resident of Maili came there from behind and forcibly made him to sit on their motorcycle and also took his motorcycle along with them. They took him inside a room and and gave him beatings. After that Jastinder Singh also reached there and they bolted the door of the room and confined him in the room. They also gave threats to kill him. According to the complainant, all this was conspired by Mahabir Singh. The mother of Sohan Singh after a long time opened the door of the Crl. Misc. No. 28167-M of 2010 (O&M) -2- room and the complainant was taken out from the room. The reason for dispute was that the complainant was working in the dera of the petitioner and thereafter complainant started to serve in the dera of Baba Ajaib Singh at village Chakmala, District Hoshiarpur. In the above background, F.I.R. was registered against the complainant. Both the parties are already locked up in various litigations and the complainant namely Ram Saran is the worker of Ajaib Singh and due to his connivance, the name of the petitioner has been falsely mentioned in the present F.I.R. The petitioner has filed Criminal complaint against Ajaib Singh s/o Bawa Singh, resident of Bhulewal Rathan, Tehsil and District Hoshiarpur against his other friends under Sections 341, 323, 324, 325, 506, 382, 295-A, 120-B, 148, 149, 34 IPC, which is pending in the Court of Sh. K.S. Sullar, learned JMIC, Hoshiarpur. The petitioner had further filed Crl. Misc. No. M-16542 of 2010 before this Court for directing respondent Nos. 2 and 3 to protect the life and liberty of the petitioner and to provide security to the petitioner in view of the threats given by the respondent Nos. 6 to 14. The petition was disposed of, vide order dated 28.05.2010 (Annexure P1) with the direction to Sr. Superintendent of Police, Hoshiarpur to take appropriate action in accordance with law. After this Court's order, the petitioner pursued the matter before Sr. Superintendent of Police, Hoshiarpur but the complainant in connivance with Ajaib Singh and Surinder Singh had involved the petitioner in a false case and the present F.I.R (Annexure P2) has been registered. In the reply filed by the Deputy Superintendent of Police, Hoshiapur, he stated that the petitioner and others are guilty of committing the offences in above mentioned F.I.R. It was also found in the inquiry by Crl. Misc. No. 28167-M of 2010 (O&M) -3- him that the injuries on the person of Mohan singh son of Gurdev Singh are fake and the opinion from the concerned Doctor was taken and he opined tht the possibility of causing injuries on the person of Mohan Singh with friendly hand cannot be ruled out and therefore, cross-case registered under Sections 452/323/324/326/148/149/120-b of IPC was found false in the inquiry made by the D.S.P Ram Saran-complainant was previously working in the dera of the petitioner and thereafter he started to serve in the dera of Baba Ajaib Singh at village Chakmala, District Hoshiarpur. Due to this, petitioners and others gave him beatings for not serving in their dera. As per statement of complainant, mother of Sohan Singh after a long time opened the door of the room and the complainant was taken out from the room. In the above background, F.I.R was got registered against the petitioners and others. Learned State counsel has informed the Court that in the present F.I.R, challan has been presented on 21.03.2011 and the case was fixed for 15.04.2011 for framing of charges The above mentioned case does not figure into the seven parameters set out by Hon'ble the Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, AIR 1992 SC 604 (1), whereby inherent jurisdiction under Section 482 can be exercised to quash the F.I.R In view of the above, the petition stands disposed of with a liberty to the petitioner to raise all the pleas before the trial Court. (RITU BAHRI) JUDGE March 31, 2011 G.Arora