Crl.Misc.No.M-3153 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-3153 of 2009 Date of Decision:- 09.07.2009 Darshan Singh Multani @ Darshan Singh ....Petitioner(s) vs. State of Punjab and others ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Petitioner in person. *** AUGUSTINE GEORGE MASIH, J. The present petition has been preferred by the petitioner challenging the order dated 28.3.2008 (Annexure P-1) passed by the Judicial Magistrate, Ist Class, Dasuya whereby his complaint has been dismissed and the judgment dated 22.11.2008 (Annexure P-2) passed by the Additional Sessions Judge, Hoshiarpur, whereby the revision petition preferred by him against the order dated 28.3.2008 (Annexure P-1) has been dismissed. The petitioner had preferred a complaint against the respondents stating that they were committing illegal acts with the landed property of his share and had tempered, forged and fabricated with the records of his bank accounts. It was submitted that the said respondents had committed sodomy with him while he happened to be in sound sleep. They at times put some chemical in his mouth while he was asleep. It was Crl.Misc.No.M-3153 of 2009 -2- further alleged that his electricity meter and connection had been changed by the officials of the Electricity Board at the behest of the respondents by obtaining his signatures on blank forms and further, in the register of the Electricity Department, the house was shown to be property of some one else. In order to prove the contents and the allegations made in the complaint, the petitioner stepped into the witness box as CW-1 and made statement before the Court. He sought various opportunities to produce further evidence but none was produced and accordingly the learned trial Court closed the evidence of the petitioner by order. The trial Court on consideration of the evidence on record proceeded to conclude that the evidence was not sufficient for summoning of the accused persons and accordingly, dismissed the complaint vide order dated 28.3.2008. Revision preferred by the petitioner before the Additional Sessions Judge, Hoshiarpur, again came to be dismissed vide order dated 22.11.2008 (Annexure P-2). It is these two orders which are being challenged by the petitioner in the present petition. Petitioner had initially engaged a counsel but thereafter on 24.2.2009, the petitioner had appeared in person before the Court and stated that he wanted to engage some other counsel. Accordingly, the case was adjourned to 25.3.2009 when again on the request of the petitioner, the case was adjourned to 20.5.2009. On 20.5.2009, no one had put in appearance and the case was adjourned to 9.7.2009. Today, the petitioner has appeared in person and submitted that the case be considered and decided on merits. I have gone through the records of the case and the impugned judgments. Except for the oral evidence of the petitioner which he had Crl.Misc.No.M-3153 of 2009 -3- adduced by stepping into the witness box as CW-1, there is no other evidence either oral or documentary, to substantiate the facts and allegations made by the petitioner in his complaint so preferred against the respondents. The first assertion of the complainant-petitioner was that the accused persons had been committing sodomy with him while he happened to be in sound sleep. No details whatsoever have been specified in regard to the said crime committed by the accused against the petitioner. It has not been mentioned as to under what circumstances and as to when and where the said unnatural act was committed with him by the accused. Similar is the position with regard to the allegations that the accused had been putting some chemical in his mouth while he was asleep. Nothing has come on record that on the basis of the said chemical being put in his mouth, he had ever got himself medically examined or had ever made any complaint either to the respectables of the village including the Sarpanch or members of the Gram Panchayat or had even approached the police for taking action against the accused-respondents. The assertion of the petitioner that his bank-accounts have been forged and fabricated by the accused is again not supported by any documentary evidence. Bald statements cannot be taken as a proof of the assertions especially when no details whatsoever have come-forth showing as to what manipulation or forgery or fabrication has been committed by the accused qua his bank-accounts. The complainant-petitioner was required to support his assertions through documentary evidence which he could have easily got produced before the trial Court from the records available with the Bank. However, he has failed to do so. Similar is the position with regard to the assertion of the petitioner that the electricity connection/meter Crl.Misc.No.M-3153 of 2009 -4- had been got shifted and there was a change in name in the account of the electricity connection by the officials of the Electricity Board in connivance with the accused. No evidence, either oral or documentary has been adduced which could substantiate the assertions made by the petitioner. Furthermore, no revenue records or the records of the Electricity Department have been produced/got produced by the petitioner to substantiate the allegations made by him. Except for the bald statement which has been made by petitioner alone, there is nothing on record which could in any way show that the allegations made by him in the complaint do have any basis. Proceedings under Section 482 Cr.P.C. can be resorted to by a party where it can be positively demonstrated that a grave injustice has been caused to the party. A perusal of the impugned orders shows that no illegality has been committed nor any grave injustice has been meted out to the petitioner which would persuade this Court to exercise its discretionary jurisdiction under Section 482 Cr.P.C. Thus, the orders of the Courts below being in accordance with law, call for no interference. Finding no merit in the present petition, the same stands dismissed. July 09, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE