Crl. Misc. No. M-28073 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. 28073 of 2010 (O&M) Date of Decision: October 4, 2010 Sartaj and others ........Petitioners Versus State of Punjab and another ........Respondents ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present : Ms. Amarjit Kaur Khurana, Advocate, for the petitioner. SABINA, J. Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure for quashing of DDR No.23 dated 2.5.2010, under Sections 323,341 of Indian Penal Code (in short 'IPC') recorded in FIR No.93 dated 2.5.2010 instituted under Sections 323,452 and 34 IPC, Police Station Sahnewal, District Ludhiana and all subsequent proceedings arising therefrom. After hearing the learned counsel for the petitioners, I am of the opinion that no ground for interference is made out. Petitioner had lodged FIR No.93 dated 2.5.2010 against respondent No.2 under Sections 323, 341 IPC at Police Station Sahnewal. During the pendency of the investigation, DDR in question was recorded qua the cross version set up by respondent No.2. The same as reproduced on page 8 of the petition reads as under :- Crl. Misc. No. M-28073 of 2010 (O&M) 2 “State that I am resident of above said address and I am doing property business with my father. We all three, I and Jaspal Singh and Pushpinder Singh on 30.04.2010 around 2.30 PM reached after collecting the payment. I parked my car bearing registration No. PB-10-BJ-3232 Ford Icon in front of my shop and when I came out from the car then Ashu Puri abused me and asked me to park the car somewhere else. I asked why all you abusing me. In the meantime Ashu alongwith Vishal and two other unknown persons hold me tightly. Ashu armed with sword (Kirpan) attacked on my head. Then to save myself, I kept my right arm on the head. That kirpan blow hit on my right arm. Vikas armed with base ball, gave a blow on my back and two unknown persons started giving fist blows. I raised raula Marditta marditta. After hearing my raula, Preetinder Singh son of Paramjit Singh resident of Village Kotli, came on the spot and tried to save me from the clutches of the above said persons and i fall down in injured condition and they broken the glass-pane of my car and damaged my car badly. Kamaljit Singh got me admitted in Civil Hospital, Sahnewal. The reason of dispute is that scuffle took place with above said persons many times, but respectables intervened and we entered into compromise. You have written my statement, heard and found to be correct. Legal action may kindly be taken. Sd/- Sartaj Singh.” Statement of respondent No.2 as reproduced on page 9 of the petition reads as under :- Statement of Ashu Puri Crl. Misc. No. M-28073 of 2010 (O&M) 3 “Stated that I am resident of above said address and I am running “Puri” Oil Store in my shop. I was going to collect my payment form the market, then Sartaj, Jaspal and Lovely @ Gullu came out from the car and started beating me with sticks. I raised raula “Marditta-Marditta”. People and passer-by got me free from the clutches of above said person. I came to my shop. Then after 5/10 minute one black colour tinted glasses car bearing registration no.3232 and the other car No.0567 and one 1444 car, stopped in front of my shop. Then all of a sudden some unknown persons came out from the care and started beating me. I could not recognize them. I can recognize if they will come in front of me again. Due to injury. I became unconscious. My neighbourers Sonu got me admitted in the hospital. I have given my statement, heard, and found to be correct. Action may be taken. This incident is around 2:30 PM. Sd/- Ashu Puri.” Respondent No.2 has alleged that he had been inflicted injuries by the petitioners. The investigation of the case is still going on and in these circumstances it would not be appropriate or in the interest of justice to quash the cross version at the very threshold. No ground for interference is made out. Dismissed. (SABINA) October 4, 2010 JUDGE Anand