Criminal Misc. No. 702-MA of 2008 (1) In the High Court of Punjab & Haryana at Chandigarh Criminal Misc. No. 702-MA of 2008 (O&M) Date of decision : 13.11.2009 Jai Pal ..... Applicant vs Kidar Singh and others ..... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. R. S. Chauhan, Advocate for Mr. Deepender Singh, Advocate, for the applicant. Rajesh Bindal J. This application has been filed by the complainant/ applicant seeking leave to appeal against the judgment/ order of acquittal dated 12.9.2008 passed by the learned Chief Judicial Magistrate, Sonipat. The respondents were acquitted by the court below as the applicant failed to establish his case. The applicant has alleged that on 2.9.1998 when he and his brother Jagdeep, and two other persons namely Ravinder and Lalit were making boundary wall of the plot which had come to the share of Ram Mehar, father of the complainant, the accused-respondents armed with lathis, jali, khuntas, knife and bricks caused injuries to them. He then went to the police station to report the matter where he was asked to first get the medical examination conducted. After getting medico-legally examined, the complainant again approached the police to take action against the accused-respondents. But no action was taken against the accused-respondents and this resulted into filing of the present complaint. The motive behind this incident was the plot which had come to the share of father of the complainant in the panchayat decision and the accused party did not agree with the same. On conclusion of trial, the accused-respondents were acquitted by the trial court which led to the filing of present application for leave to appeal. After hearing the learned counsel for the applicant and perusing the paper-book, I find no merit in the present case. As is clear from the judgment of the court below, the complaint in question is the outcome of FIR No. 492 dated 2.9.1998 registered on the statement of accused-respondent Kidar Singh against one Ram Kumar and his sons, CW5 Lalit alias Pappay and CW2 Ravinder in the present case. Criminal Misc. No. 702-MA of 2008 (2) The complainant has not examined the doctor who had conducted the medico legal examination of the complainant party but they have examined CW4 Ram Chander Pharmacist to prove the injuries. This medical evidence was rightly discarded by the court below because without doctor having been examined the injuries could not be proved. The delay in the lodging of complaint has demolished the case of the complainant. The incident took place on 2.9.1998 and the complaint was filed in the court on 11.9.1998. The complainant has not proved on record any complaint/ representation made to the higher authorities to the effect that the police is not taking action against the accused respondents. In the absence of such an evidence, it cannot be said that any such incident had taken place. Moreover, as has come in the evidence before the court below, the accused-respondents were living near the plot in question and the complainant party had come there to cut the kikar tree standing in the plot of complainant party which had come to the share of the accused party in panchayat decision. But the complainant party wanted to grab the same and attacked the accused-respondents and due to which the aforesaid FIR was registered against the complainant-party. There are contradictions in the statements of the witnesses of the complainant which led to the dismissal of the complaint. In view of the above, I do not find any merit in the application filed for grant of leave to appeal, accordingly the same is dismissed. Since the application for leave to appeal is dismissed, application for condonation of delay is also dismissed. 13.11.2009 ( Rajesh Bindal) vs. Judge