Crl. Misc. No. 7905-M of 2008 :1: IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH * * * * * Crl. Misc. No. 7905-M of 2008 Date of decision : September 9, 2009 * * * * * Mohinder Kumar Goel ............Petitioners Versus State of Punjab and others ...........Respondents * * * * * CORAM: HON'BLE MR. JUSTICE JORA SINGH * * * * * Present: Mr. Akshay Bhan, Advocate for the petitioner. Mr. P.S Sidhu, Additional Advocate General, Punjab. Mr. Baldev Singh, Senior Advocate with Mr. Sudhir Sharma, Advocate. * * * * * JORA SINGH, J. Mohinder Kumar Goel filed this petition under Section 482 for quashing the order dated 9.5.2007 (Annexure P-30 passed by Chief Judicial Magistrate, Ferozepur and order dated 19.12.2007 (Annexure P-4) passed by Additional Sessions Judge, Ferozepur in FIR No.3 of 21.1.2002 under Sections 307/367/384/342/ 323/427/148/149 IPC read with Section 25 & 27 of the Arms Act registered at Police Station Cantt. Ferozepur. Crl. Misc. No. 7905-M of 2008 :2: Prosecution story, in brief, is that FIR No.3 was recorded in view of the statement of Mohinder Kumar Goel and allegation of the petitioner is that he is owning a factory situated in the area of village Pandor situated at Naraingarh Road near Ambala city. On 20.1.2002, he along with his driver Suresh in Maruti Zen bearing registration Number PB-11-L-5909 had gone to Ferozepur. They had stayed in Yatri Niwas Hotel, Opposite Railway Station, Ferozepur Cantt. On 21.1.2002, at about 6:00 am, they were going to Gurudwara sahib and were near the bus stand of Ferozepur Cantt. In the meantime, a qualis bearing registration No. HR-01-K1694 came parallel to their car. Occupants of the qualis signalled the driver to stop the car. Suresh had slowed down the car. Qualis was parked in front of their car. Rajinder Aggarwal, brother-in-law of his brother Bhupinder Goel along with his son Rishi Aggarwal and four unknown persons were in the qualis. Unknown persons belonged to the age group of 35-40 years and were clean shaven. They came out of their vehicle. Rajinder Aggarwal asked him to come out of the car but he refused. Rishi Aggarwal fired two shots with his .12 bore gun hitting the rear side of the car. Rajinder Aggarwal was holding pistol in his hand. One of the four unknown persons was also carrying a short barrel gun and others were empty handed. When the shot had hit the car then he became nervous. He along with his driver was abducted by the accused with an intention to eliminate them. They were given slaps and fist blows. Accused drove their vehicle in the area of Ferozepur for a considerable time. Vehicle was stopped at a distance of 20 Kms. from Ferozepur City. He along with Crl. Misc. No. 7905-M of 2008 :3: his driver was made to come out from the vehicle. He was taken to the fields where he was made to sign 6-7 blank papers by Rajinder Aggarwal and Rishi Aggarwal. After some time two vehicles with red lights were noticed and on seeing those vehicles accused became perplexed. He took courage and ran towards the vehicles towards the road. Rajinder Aggarwal raised a lalkara directing him to stop. A shot was fired hitting in his right shoulder. During scuffle, he had also received injury on his right hand. After that accused had fled away from the spot. After notice of motion, State filed reply in the shape of affidavit of Jasvir Singh, PPS, Deputy Superintendent of Police, (Sub Division), Ferozepur and contested the petition inter alia on the ground that cancellation report was submitted and the same was accepted. Investigation revealed that the accused were not present at the place of occurrence at the relevant time. Respondents nos. 2 &3 filed separate reply and contested the petition inter alia on the ground that Rajinder Aggarwal-respondent no.2 and Bhupinder Goel, brother of the petitioner had jointly started a company namely Jaycee Coach Builder limited in the year 1989 for building bus bodies for Swaraj Mazda Limited having their plant at Lalru. But due to certain reasons, they separated their business under a Settlement Deed dated 11.8.1999. As per settlement Deed, Bhupinder Goel was not to see business of Swaraj Mazda for five years. But Bhupinder Goel back tracked from the said terms of the agreement. Respondent no.2 had to file a civil suit for permanent injunction and a stay order was granted in favour of respondent no.2 vide order Crl. Misc. No. 7905-M of 2008 :4: dated 26.4.2000 (Annexure R-2/1). Stay application was contested upto Hon'ble Supreme Court of India. Ultimately order of the trial Court was upheld in favour of Rajinder Aggarwal. Bhupinder Goel became inimical towards respondents no. 2 & 3. on telephone, respondents were threatened to pay Rs. 5 Crores. Otherwise they are to implicated in a false case. Contesting respondents were also directed to withdraw civil proceedings otherwise with the help of Pappu Yadav, notorious criminal of Bihar, contesting respondents are to be implicated in a false case. Bhupinder Goel lodged FIR No.556 dated 18.12.2001 against respondents no. 2 & 3 under Sections 323/506/34 IPC at Police Station Panchkula by concocting a false story. Ultimately, the case was found to be false. There was a news in the Indian Express dated 23.1.2002 at the instance of SSP, Panchkula that in fact Goels approached MP Yadav against Aggarwals. After the cancellation of FIR No.556, present FIR was got registered by the petitioner. Order of the learned CJM was challenged before the Sessions Court but order of the learned CJM was upheld by the Sessions Court. Simply to harass the contesting respondents, present petition was instituted. Learned counsel for the petitioner argued that occurrence dated 21.1.2002 is genuine one. A prima facie case is made out against the contesting respondents that they have committed offence punishable under Sections 307/367/384/342/ 323/427/148/149 IPC read with Section 25 & 27 of the Arms Act. Respondents being influential procured cancellation report. Petitioner had submitted protest petition but without any reason, protest petition was ignored Crl. Misc. No. 7905-M of 2008 :5: and cancellation report was accepted. After the submission of cancellation report, application was moved for suspending further proceedings in the cancellation report. Police requested to return the file because there was difficulty in the investigation. APP had moved an application for withdrawal of the police file. Criminal misc. No.22743-M of 2002 and Criminal Rev. No.598 of 2004 were filed. Direction was given to consider the cancellation report and to decide it. After further investigation, again cancellation report was sent. Court was requested either order for re-investigation or to take cognizance of the offences as there was sufficient material on the file for summoning the accused but without considering the protest petition, the impugned order dated 9.5.2007 (Annexure P-3) was passed. Learned State counsel argued that after investigation, contention of the petitioner was found to be false. Cancellation report was submitted and the same was accepted. If the petitioner is still aggrieved then he can file a private complaint. Learned counsel for the contesting respondents argued that brother of the petitioner had a joint business with Rajinder Aggarwal but some dispute arose between them. For five years, brother of the petitioner was directed not to interfere with the business being carried by Rajinder Aggarwal. But Bhupinder Goel got registered FIR No.556 against the contesting respondents. FIR No.556 was cancelled. Again FIR No.3 of 21.1.2002 was got registered simply to harass the respondents. After investigation, Crl. Misc. No. 7905-M of 2008 :6: allegation of the petitioner was found to be false one. Cancellation report was submitted. Against the order of learned CJM, a revision was filed but the revision was also dismissed. If intention of the contesting respondents was to eliminate the petitioner then petitioner could easily be eliminated because as per story, contesting respondents were carrying weapons. There was civil litigation against Bhupinder Goel. Up to Hon'ble Supreme Court, litigation was decided against Bhupinder Goel. Annexure R-2/1 is the copy of the stay order dated 24.4.2000 in favour of the contesting respondent. Contesting respondents also received threatening calls. Payment was demanded but when Bhupinder Goel and the petitioner failed to extract payment then present FIR was got registered without any reason at Ferozepur. Petitioner is the resident of Karnal. Contesting respondents are the residents of Sector 8-C, Chandigarh. There was no idea to visit Ferozepur simply to threat the petitioner. Requested to dismiss the petition. Bhupinder Goel is the brother of petitioner and brother- in- law of Rajinder Aggarwal. Bhupinder Goel and Rajinder Aggarwal had a joint business. But there was some dispute. As per Settlement Deed amongst Bhupinder Goel and Rajinder Aggarwal, Bhupinder Goel was not to interfere with the business being carried by Rajinder Aggarwal. There was civil litigation amongst contesting respondents and Bhupinder Goel. Stay application in favour of Rajinder Aggarwal was accepted on 24.4.2000 and this fact is clear from the copy Annexure R/1. Upto Hon'ble Supreme Court, stay order by the trial Court was upheld in favour of the contesting Crl. Misc. No. 7905-M of 2008 :7: respondents. FIR No.556 dated 18.12.2001 was registered at the instance of Bhupinder Goel but the same was cancelled on 20.11.2000. Bhupinder Goel became inimical towards contesting respondents. Firstly Bhupinder Goel lost legal battle up to the Hon'ble Supreme Court then got registered a criminal case i.e FIR No.556 but the F.I.R was cancelled. Petitioner is the real brother of Bhupinder Goel. Petitioner is the resident of Karnal whereas the contesting respondents are the residents of Sector 8-C, Chandigarh. FIR No.3 dated 21.1.2002 was registered in Police Station Cantt. Ferozepur. According to the FIR, Rajinder Aggarwal was armed with a pistol. Rishi Aggarwal son of Rajinder Aggarwal was also armed with a .12 bore pistol. Four unknown persons were also with Rajinder Aggarwal. One of the unknown assailants was also having a weapon. According to the story, accused-party had stopped the vehicle of the petitioner near Bus-stand Ferozepur Cantt. Rishi Aggarwal had fired twice with his gun but according to the story, rear side of the car was hit. If contesting respondents had the intention to commit crime, then injuries could easily be caused to the petitioner or his driver. According to the story, petitioner and his driver were kidnapped in a car. Accused-party continued to drove car for a sufficient period. Ultimately, car was taken towards the north east side. At a distance of 20 kms. from Ferozepur, petitioner and his driver, were made to alight from the car. They were taken towards the fields where signatures of the petitioner were obtained on 6/7 Crl. Misc. No. 7905-M of 2008 :8: blank papers. Except the present FIR, no complaint to any authority that signatures of the complainant were obtained on 6/7 blank papers. After investigation, cancellation report was submitted and the same was accepted by CJM, Ferozepur. Annexure P-3 is the order dated 9.5.2007 by the CJM, Ferozepur. Order shows that Investigating Officer took into possession blood stained clothes of the complainant. Blood stained earth, simple earth from the place of occurrence and blood stained glasses and cartridges. One jacket from the car of the complainant was also taken into police possession. In Para no. 13 & 14, learned CJM observed as under: 13.I have considered the contentions of the learned counsel for the complainant and have gone through the police file. As per report dated 21.12.2006 received in this case, the SP (D), Ferozepur had handed over the investigation of this case to Ranjit Singh ,SI, CIA Staff, Ferozepur vide letter No.4846-47/Reader SP (D), dated 3.12.2006. The investigation was conducted by Ranjit Singh, SI, CIA Staff, Ferozepur. He submitted report dated 12.12.2006. It is mentioned in this report that Anil Kumar Aggarwal, Maruit Lal Gulati, Sudhir Kochhar, Mohinder Goel, Bhupinder Goel several other persons of village Mallan Wala and Gurbakhash Singh, Manager of Hotel G.S Yatri Niwas and Crl. Misc. No. 7905-M of 2008 :9: Suresh Sharma, Counter Manager of Hotel Mount View, Sector 10 Chandigarh were joined in the investigation. But Suresh Kumar who was driver was not produced in the investigation. It is further mentioned in the report that trouble started when Rajinder Aggarwal obtained stay order against Mohinder Kumar restraining them from doing business as per terms of family settlement deed. Then Bhupinder Goel could not tolerate the growth of JCBL. Due to jealousy Bhupinder Goel got registered FIR No.556 dated 18.12.2001 under Sections 323/506/34 IPC at Panchkula against Rajinder Aggarwal and his son Rishi Aggarwal. That case was found false by Panchkula police. The cancellation report was prepared and submitted to the Court of Chief Judicial Magistrate, Panchkula and the same was accepted. On 21.1.2002, Mohinder Kumar brother of Bhupinder Kumar in a pre-planned conspiracy lodged FIR No.3 at Police Station Cantt. Ferozepur implicating Rajinder Aggarwal and his son Rishi Aggarwal. Things were planned from 16.1.2002 to 18.1.2002 as per pre- booking register of Hotel Yatri Niwas, Ferozepur Cantt. Through this booking Mohinder Goel along with his brother and other companions stayed at Crl. Misc. No. 7905-M of 2008 :10: room No.304 and 305 at G.S Yatri Niwas, Ferozepur Cantt in different rooms without any work. Mohinder Goel had no business dealings at Ferozepur. Then again as pre-planning Mohinder Goel and others got booked rooms on 20.1.2002. No business dealing or work could justify the presence of Mohinder Goel and others at Ferozepur. As per pre-planning, Bhupinder Goel, Ramnik Goel and others reached at Civil Hospital, Mallanwala within a short time of incident. It is further reported that as per enquiry from various persond of village Mallanwala and the place of incident of firing which is at the distance of 4 kilometers from village Mallanwala, nobody has heard the sound of fire on that day. Even the panchayat has given writing that no such incident had taken place on that day. It was found that accused Rajinder Aggarwal and Rishi Aggarwal were present with a delegation from China and Malysia at Delhi, Agra Pune, Karnal, Lalru and Chandigarh from 17.1.2002 to 22.1.2002. They were busy in arranging meeting and for making arrangement of stay and meals. They did not come in the area of Ferozepur on 21.1.2002. They did no business dealings at Ferozepur. All the applications sent by Crime Crl. Misc. No. 7905-M of 2008 :11: Branch were withdrawn in this case. It was finally reported that Rajinder Aggarwal and his son are innocent and Mohinder Goel and his brother are in the habit of getting registered false cases. The SHO, Police Station, Cantt. Ferozepur found that due to dispute between Bhupinder Goel and accused Rajinder Aggarwal and Rishi Aggarwal regarding partition this false case was registered. It was prayed that cancellation report be accepted. 14.The main point of arguments advanced by the learned counsel for the complainant was that further investigation was not made properly and was not in accordance with the orders of the Court. Now the question arises as to whether further proper investigation was made in this case. During further investigation, Ranjit Singh, SI had recorded statements of Didar Singh son of Sohan Singh resident of Village Iimewala, Gurnam Singh son of Surjan Singh. They had not heard the sound of any shot of fire arm at the relevant time. They were present there at that time. Moreover the Gram Panchayat of village Iimewala headed by Kuldeep Kaur Sarpanch has also given in writing that no such incident had taken place. No such like incident of gun shot Crl. Misc. No. 7905-M of 2008 :12: had taken place. During those days the repair of railway line was taking place at short distance from the alleged place of occurrence. 50/100 persons were working there. The vehicles were also passing from there. This writing is also signed by Harbans Singh Ex.Sarpanch, Mohinder Singh son of Thakar singh, Kashmir Singh son of Krishna Singh, Baldev Singh son of Balraj Singh all residents of village Iimewala. In this case the persons of village Iimewala were present near the alleged place then they might be knowing about it. The Panchayat has also given in writing that no such incident had taken place. They had not heard the sound of any fire of gun or pistol. The statement of Gurbaksh Singh, Manager, Yatri Niwas Hotel was also recorded. He stated that he is working as manager at G.S Yatri Niwas Hotel. As per receipt No.750 dated 16.1.2002 room No.305 was got booked by Arun Goel at 8:42 P.M, resident of 90 H.B Colony, Kanal and four other persons. They had gone at 9:30 A.M on 18.1.2002. On 17.1.2002, room no.304 was booked by Mohinder Goel, resident of House No.721, Sector 13, Karnal. Four other persons had stayed with him at room No.305. On 20.1.2002, Mohinder Goel and another person Crl. Misc. No. 7905-M of 2008 :13: had stayed at room no. 117. In this way, the previous stay of Mohinder Goel and another person on 17.1.2002 and 18.1.2002 shows that they had come to Ferosepur with some motive. The complainant could not show for which business dealings he had come to Ferozepur. Against the order of the learned CJM dated 9.5.2007, revision was filed by the present petitioner but the same was also dismissed by Additional Sessions Judge, Ferozepur vide order dated 19.12.2007 (Annexure P-4). There was civil litigation amongst Bhupinder Goel and the contesting respondents. FIR No.556 was registered at the instance of Bhupinder Goel and later on the same was cancelled. FIR in question dated 21.1.2002 was registered at Police Station Ferozepur Cantt. The fact that the peitioner was the resident of Karnal and had no business to visit Ferozepur on the day of occurrence shows that due to civil/criminal litigation amongst the parties, simply to harass the respondents,FIR No.3 of 21.1.2002 was got registered. After investigation, FIR was found to be false. Cancellation report was rightly accepted and order of the learned CJM was upheld vide order Annexure P-4. In case the petitioner is still aggrieved with the investigation of the case then he can file private complaint as per law. As a sequel of the above discussion, I am of the opinion that there is no reason to upset the order dated 9.5.2007 (Annexure Crl. Misc. No. 7905-M of 2008 :14: P-3) passed by Chief Judicial Magistrate, Ferozepur and order dated 19.12.2007 (Annexure P-4) passed by Additional Sessions Judge, Ferozepur. Petition without merit is dismissed. September 9, 2009 ( JORA SINGH ) ritu JUDGE