Crl. Misc. No. M-15125 of 2009 (O&M) [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. No. M-15125 of 2009 (O&M) Date of Decision: April 21,2011 Sarwan and another ............................... Petitioners Versus State of Punjab and another ................. Respondents Coram: Hon'ble Ms. Justice Ritu Bahri 1.To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: Mr. S.S.Chatrath, Advocate for the petitioners. Mr. Raghubir Chaudhary, Sr. DAG, Punjab, for respondent No.1. Mr. R.S.Sidhu, Advocate for Mr. B.S.Bhalla, Advocate for respondent No.2. ... RITU BAHRI, J. This petition under Section 482 of the Code of Criminal Procedure is for quashing of complaint and summoning orders dated 17.1.2009. On 2.6.2003 while petitioner No.1 was coming back from his field at around 6 A.M. he had an altercation with the complainant. The complainant attacked the Crl. Misc. No. M-15125 of 2009 (O&M) [ 2 ] petitioner and caught hold of his beard. This incident was witnessed by Amritpal Singh, Raju and Bachan Singh. F.I.R. No. 88 dated 2.6.2003 under Sections 295-A/355 IPC was registered at Police Station Dharamkot against the complainant-Balraj Singh. Thereafter, the complainant got himself admitted in the hospital and Rapat No.31 dated 3.6.2003 (Annexure P-2) was recorded to the effect that petitioner No.1 along with co-accused Hardip Singh had attacked the complainant at 7 A.M. on 2.6.2003 and caused injuries with their weapons. A detailed inquiry was conducted and vide inquiry report (Annexure P-3) it was found that Balraj Singh, in order to counter-blast, has suffered self-inflicted friendly injuries. His mother Gian Kaur was a witness. The case prepared by Balraj Singh was found false and petitioner No.1-Sarwan son of Narain Singh, Hardip Singh son of Avtar Singh and Jinder Singh son of Surjit Singh were found innocent. This report was prepared by S.H.O. on 18.6.2003. It was accepted by the DSP Dharamkot on 22.6.2003. Without waiting for the inquiry report, the complainant Balraj Singh filed a complaint under Sections 326, 324, 323, 452, 34 IPC in the Court of Judicial Magistrate Ist Class, Moga, on 19.6.2003. The petitioners have been summoned to face the trial vide order dated 17.1.2009 (Annexure P-5). While passing the said order, reference has Crl. Misc. No. M-15125 of 2009 (O&M) [ 3 ] been made to the opinion of Dr. Ajay Kumar Jhanji-CW3 who conducted the medical examination on Balraj Singh- complainant. As per the MLR (Ex.CW3/A) there were four injuries on the person of Balraj Singh. Injuries No. 1 and 4 were declared as simple whereas injuries No. 2 and 3 were declared as grievous. Gian Kaur, mother of the complainant, had appeared as CW2 and deposed in favour of the version of the complainant. In the reply filed by the DSP Dharamkot dated 7.9.2009, it has been stated that F.I.R. No. 88 dated 2.6.2003 under Sections 295A/355 IPC is registered at Police Station Dharamkot against the complainant/respondent No.2-Balraj Singh on the statement of petitioner No.1. Thereafter, Rapat No.31 dated 3.6.2003 (Annxure P-2) was recorded on the statement made by Balraj Singh. The police, after conducting a detailed inquiry, came to the conclusion that Balraj Singh had got the injuries self-inflicted as a counter-blast to the FIR by petitioner No.1. Explaining the nature of injuries No. 2 and 3 which were declared grievous, it is submitted that both the injuries have been caused on left hand i.e. Index finger and Ring finger as a matter of record. Possibility of the injuries being self-sustained is not ruled out. Mr. S.S.Chatrath, learned counsel for the petitioners, has brought to the notice of the Court the Crl. Misc. No. M-15125 of 2009 (O&M) [ 4 ] judgment dated 6.7.2009 passed by the Judicial Magistrate Ist Class, Moga, in F.I.R. No. 88 dated 2.6.2003 under Section 355 IPC registered at Police Station Dharamkot, whereby Balraj Singh has been acquitted of the charges against him by giving him the benefit of doubt as the prosecution has not been able to prove its case against the accused. The allegation in the FIR was that the accused-Balraj Singh had caused injuries on the petitioners Sarwan and Tajinder Singh on 2.6.2003. He had pulled the beard of petitioner No.1- Sarwan and took away the hair of the beard. In the examination-in-chief Sarwan stated that accused Balraj Singh had taken away the hair of his beard but the Investigating Officer in the present case ASI Darshan Singh has stated that the hair was produced by Sarban Singh PW1 to him. The sample of the hair produced by the prosecution was required to be compared with the beard of Sarwan by DNA test, which was not sent to any laboratory for comparison. Mr. Chatrath has vehemently argued that in view of the inquiry report (Annexure P-3) and judgment dated 6.7.2009, the present complaint along with the summoning orders dated 17.1.2009 are liable to be quashed. Mr. Raghubir Chaudhary, learned senior counsel for the State, has supported the version of the police, inquiry report (Annexure P-3) and in view of the judgment passed by Crl. Misc. No. M-15125 of 2009 (O&M) [ 5 ] the Judicial Magistrate Ist Class, Moga, on 6.7.2009 submits that the complaint is a counter-blast to the FIR which was registered on the statement made by the petitioners Sarwan and Tajinder Singh. Mr. R.S.Sidhu, counsel for respondent No.2, on the other hand has argued that the medical report has been duly approved by CW3 Dr. Ajay Kumar Jhanji in which he has deposed that injuries No. 2 and 3 are grievous in nature, therefore, the summoning orders are not liable to be quashed. After hearing the learned counsel for the parties and going through the file, one thing is clear that there is a dispute of joint land between Balraj Singh son of Sukhdev Singh and sons of his uncle (Taya) namely Malkiat Singh and Ranjit Singh. Balraj Singh had a suspicion that Sarwan is helping the second party i.e. Ranjit Singh and Malkiat Singh. There is a dispute of Dera Baba Ram Dayal and there is a party faction in the village. Complainant-Balraj Singh and others are helping Mahant Kartar Dass and Sarwan Singh Member is helping Harmel Singh President. On 2.6.2003 when petitioner No.1-Sarwan was returning from his field, Balraj Singh son of Sukhdev Singh met him and started abusing Sarwan. There was a scuffle and Balraj Singh pulled the beard of Sarwan. F.I.R. No. 88 dated 2.6.2003 under Sections 295-A/355 IPC was got registered at Police Station Crl. Misc. No. M-15125 of 2009 (O&M) [ 6 ] Dharamkot against the complainant. Balraj Singh has been acquitted by the trial Court on the ground that prosecution has not been able to prove its case. In the inquiry conducted by the S.H.O. it has been found that Balraj Singh in counter- blast to the registration of the aforesaid FIR has suffered self-inflicted injuries and has got Rapat No.31 dated 3.6.2003 registered against the petitioners. On investigation, the petitioners have been found innocent. In view of the fact that in the inquiry report (Annexure P-3) the injuries suffered by Balraj Singh have been found to be self-inflicted, no case is made out to sustain the summoning orders. Criminal miscellaneous is allowed. Complaint dated 19.6.2003 (Annexure P-4) and summoning orders dated 17.1.2009 (Annexure P-5) are quashed. 21.4.2011 ( RITU BAHRI ) Rupi JUDGE