IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-31013 of 2009 (O&M) Date of decision : 17.12.2009 Dalbir Singh @ Cheelu ....Petitioner Versus State of Punjab ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Mr.Lalit Pathak, Advocate for the petitioner. Mr.Gaurav Garg Dhuriwala, AAG, Punjab for the respondent. .... MAHESH GROVER, J. This is a petition under Section 438 of the Code of Criminal Procedure for release of the petitioner in terms thereof in a case registered vide FIR No.52 dated 16.9.2009 under Sections 365/323/148/149 ( 384, 325, 506 added later on) IPC, at Police Station Koom Kalan, District Ludhiana. The petitioner is facing the allegations of having caused injuries to the complainant when he along with other persons armed with iron rods, kirpans and baseball bats had assaulted him. In the process they had also taken away the mobile phone, gold ring, wrist watch and Rs.1,000/- of the complainant. Crl.Misc.No.M-31013 of 2009 (O&M) -2- Learned counsel for the petitioner states that there is a monetary transaction in the shape of loan advanced to the complainant by the petitioner. He contended that he has been falsely implicated and even if all the allegations are taken to be correct, he was merely said to be armed with an iron rod but has not been attributed any injury. He further states that the allegations and the manner of occurrence sought to be projected by the complainant is highly improbable. On the other hand, learned counsel appearing for the State of Punjab contends that the petitioner is the main accused and he is absconding and not traceable. He further stated that he has been specifically named in the FIR and four co-accused of the petitioner have been arrested. He then contends that the complicity of the petitioner stands established in the commission of offence. I have heard the learned counsel for the parties and have considered the matter in entirety. The petitioner is accused of having participated in a violent act where he along with other persons armed with iron rods, kirpans and baseball bats are alleged to have caused injuries to the complainant as a result of which offence under Section 325 IPC had also been added. I am of the view that the person who participates in a violent act is not entitled to the protection under Section 438 Cr.P.C. Having regard to the aforesaid, the present petition being without any merit is dismissed. Crl.Misc.No.M-31013 of 2009 (O&M) -3- Nothing said herein shall be construed to be an expression on the merits of the case. 17.12.2009 (MAHESH GROVER) JUDGE dss