Crl. Misc. No.M-35991 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-35991 of 2009 Date of Decision: 11.02.2011 Sarabjit Singh and others ....Petitioners Versus State of Punjab and another ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. H.S. Bhullar, Advocate for the petitioners. Ms. Neelam, A.A.G., Punjab for the respondent-State. None for respondent No.2. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. This is a petition under Section 482 Cr.P.C for quashing of FIR No.46 dated 16.03.2006 under Sections 336/34 IPC registered at Police Station Sadar Moga, District Moga and all the proceedings arising therein including the order dated 07.09.2009 passed by the Judicial Magistrate Ist Class, Moga. Learned counsel for the petitioners contended that an offence under Section 336 IPC is not made out. The petitioner No.3, who is brother-in-law of petitioner No.1 fired from his licensed gun from his own house. It did not hit anyone. It was not aimed at anybody and nor did it disturb anyone. Further, the Judicial Magistrate Ist Class, Moga rejected Crl. Misc. No.M-35991 of 2009 2 the cancellation report only because the complainant did not agree with the same. As such, the order of Judicial Magistrate Ist Class, Moga refusing to accept the cancellation report has been passed without application of mind and only for the satisfaction of the complainant. Heard. Notice of motion was issued vide order dated 21.12.2009 and further proceedings before the trial Court were also stayed. However, as per the report of the Registry, the respondent No.2 was duly served. No one has put in appearance on behalf of respondent No.2, despite service. The FIR was registered against the present petitioners on the statement of one Gurdev Singh. For the proper adjudication of the present case, the reproduction of the FIR is important which reads thus ; “ Stated that yesterday i.e intervening night of 15/16.03.2006 at about 12’O clock, myself and my wife Jagdish Kaur were sleeping in our Kothi. Sarabjit Singh son of Baldev Singh Jat of Village Droli Bhai, who has come from Canada, Kuldeep Singh son of Jassa Singh, Jat of Daroli Bhai, who has come from America and Gurbhej Singh, resident of Fatehgarh Korotana, who is sister’s husband of Sarabjit Singh were speaking loudly in the house of Sarabjit Singh. I could hear them talking loudly from my house which is close to their house. Someone out of them fired four shots from the licenced gun of Gurbhej Singh, continuously and disturbed the peace of my family and tried to frighten us. They had fired from the same gun from their house earlier also and disturbed our peace. Now also they have disturbed our peace and created terror.” The FIR was investigated. The statements of the witnesses were recorded. The enquiry was conducted by the S.P.(D) Moga. As per the investigation report, the gun shot was fired from the licensed gun Crl. Misc. No.M-35991 of 2009 3 neither to create panic nor to create fear. It was found that the same was fired on account of the fact that there was knocking of the door by some suspected persons. Thus, the gun shot was fired in order to drive away the mischief mongers outside the house. Accordingly, the cancellation report was submitted on 25.11.2008. However, the complainant appeared and raised objection against the cancellation report. The cancellation report was returned and re-investigation was ordered. The police once again reinvestigated the matter and submitted the cancellation report for the second time on 19.03.2009. The complainant once again objected to the cancellation report. Therefore, the Magistrate summoned all the petitioners to face trial under Section 336 read with Section 34 of the Indian Penal Code. In the reply filed by the respondent-State, all the averments of the present petitioners are duly admitted and supported by the State. Respondent no.2, who has been served, has not come forward to contest the present petition. Section 336 of the IPC reads as under :- “336. Act endangering life or personal safety of others :- whoever does any act to rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both.” It is evident from perusal of Section 336 of the IPC that the offence is made out only if the same (a) is fired negligently; (b) endangers human life; (c) endangers the personal safety of others. In the present case, there is no allegation either in the FIR or as a result of investigation that the shots were fired by Gurbhej Singh either negligently or was aimed at any body or anybody was hit by the same or Crl. Misc. No.M-35991 of 2009 4 that it endangered life or personal safety of anyone. In fact, the allegation is that it was to create fear and panic. Such an allegation will not attract Section 336 IPC. Firing in the air to scare away someone as self defence or for their own security will not make out an offence under Section 336 of the IPC. Moreover, the cancellation report was submitted twice. Each time, it was rejected only because the complainant was not happy with the same, whereas, he has not even appeared before this Court either himself or through counsel in spite of service. From the perusal of the FIR and the allegation contained therein, this Court is satisfied that no offence is made out under Section 336 of the Indian Penal Code as the licensed weapon was neither used negligently nor to hurt or endanger the life and safety of anyone. . In view of the above discussion, the present petition is allowed and FIR No.46 dated 16.03.2006 under Sections 336/34 IPC registered at Police Station Sadar Moga, District Moga and all the proceedings arising therein are hereby quashed and the order dated 07.09.2009 passed by the Judicial Magistrate Ist Class, Moga is, hereby, set aside. (NIRMALJIT KAUR) 11.02.2011 JUDGE gurpreet