CRM-M-26070 of 2009 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM-M-26070 of 2009 DATE OF DECISION: 09.10.2009 **** Subhash and others . . . . Petitioners VS. State of Haryana and another . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.S.K. Yadav, Advocate for the petitioners. **** RAKESH KUMAR JAIN J. This is a petition under Section 482 of Code of Criminal Procedure, 1973 (in short ‘Cr.P.C.) seeking quashing of the order dated 8.1.2009 passed by Addl. Civil Judicial Magistrate, Narnaul (Annexure P-1) and order dated 20.7.2009 passed Additional Sessions Judge, Narnaul (Annexure P-2) whereby, charges have been framed by the learned Trial Court and revision against the said order has been dismissed by the Learned Additional Sessions Judge, Narnaul. Briefly stated, petitioners have been booked in the FIR No.35 dated 21.3.2006 registered under Sections 332, 353, 186, 224, 225 of Indian Penal Code (in short ‘IPC’) at Police Station Ateli, in which the complainant HC Ramanand No.548 has alleged that he along with Constable Kanwarjit No.52 had gone to the shop of Subhash (petitioner No.1) for the investigation of FIR No.40 CRM-M-26070 of 2009 - 2 - dated 5.5.2005 registered under Sections 136 to 139 Electricity Act and 379 IPC at Police Station Ateli. At the shop of Subhash, he was attacked by petitioners No.2 to 4 in order to save petitioner No.1 from being arrested, who after pushing the complainant ran away from the spot. The other three petitioners No.2 to 4 gave beatings to the complainant as a result of which, the present FIR was registered. After investigation, challan was presented and vide order dated 8.1.2009, learned Additional Chief Judicial Magistrate, Narnaul framed charges against the petitioners under Sections 332, 353, 186, 224, 225 IPC. Aggrieved against the aforesaid orders, the petitioners had preferred a criminal revision in the Court of Additional Sessions Judge, Narnaul, which has been dismissed vide order dated 20.7.2009. Still aggrieved, the petitioners have come up in a petition under Section 482, in which it has been alleged that petitioners have been falsely implicated as there is not an iota of evidence sufficient to frame charges under the aforesaid sections. After hearing learned counsel for the petitioners and perusal of the orders of the Courts below, I am of the view that learned counsel for the petitioners has failed to find out any illegality or irregularity in the orders of the Courts below because as per the FIR No.40 dated 5.5.2005, which has been registered under Sections 379 IPC read with Section 39 of Electricity Act vide order dated 9.3.2009, challan has been framed against Subhash, Amar Singh and Dharampal, under Section 143 of Electricity Act. At the time of framing of charge Court has to see whether there is CRM-M-26070 of 2009 - 3 - a prima facie case and according to the complainant, he alongwith another Police official had gone to arrest Subhash in FIR No.40 but Subhash alongwith other co-accused had a scuffle with the complainant and other official and fled away from the spot. HC Sube Singh (complainant) was also got medically examined at CHC Ateli at 6 P.M. In view of the above, no fault can be found in the orders of the Courts below and as such, the present petition is hereby dismissed. (RAKESH KUMAR JAIN) OCTOBER 09, 2009 JUDGE vivek