In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-20825 of 2010 ..... Date of decision:9.8.2010 Manjit Singh and others .....Petitioners v. State of Haryana .....Respondent .... Present: Mr. K.S. Dhaliwal, Advocate for the petitioners. Mr. Pawan Singh, Assistant Advocate General, Haryana for the respondent-State. Mr. G.S. Sandhu, Advocate for the complainant. ..... S.S. Saron, J. Heard learned counsel for the parties. The FIR in the case has been registered on the statement of Vikramjit Singh (complainant) who has alleged that on 13.5.2010 he had gone to plough his fields with his Tractor Farm Trac-60. At about 5.00 p.m. after ploughing his fields and finishing his work he was coming back home and when he reached near the house of Pritam Singh, then petitioners along with Shubeg Singh and Tehal Singh attacked him. Tehal Singh gave a Gandasi blow on the right hand of the complainant Vikramjit Singh. On account of the blow the complainant lost control of the tractor that he was driving and the tractor struck against a wall. Thereafter, the assailants including the petitioners inflicted injuries. The complainant was dragged from his tractor and then he raised a hue and cry on hearing which his uncle Sampuran Singh's son, Kulbir Singh and father of the complainant, namely, Cr. Misc. No.M-20825 of 2010 [2] Satpal Singh came at the spot and saved the complainant from the accused. The grievous injuries on the person of complainant are attributed to Shubeg Singh and Tehal Singh, who were carrying Gandasis. The petitioners have not been attributed any specific injuries but it is stated that they had given a beating to the complainant and caused injuries to him. As per the medical report of the complainant Vikramjit Singh there are 12 injuries on his person. According to the learned counsel for the petitioners, the petitioners have been falsely implicated by the complainant in connivance with the Police as there is an old dispute with regard to water-course (Khal) between the petitioners and the complainant in respect of which civil litigation is pending in the Court. It is submitted that the complainant side was illegally dismantling the water-course (Khal) and the learned Additional District Judge, Karnal on 4.3.2010 had passed an order of status quo which the complainant party was aware of. It is submitted that the water-course was illegally dismantled by the complainant side at two-three places. Besides, Kashmir Singh from the petitioners' side submitted an application to DSP Assandh on 10.5.2010 along with the order of status quo. Both the parties were called at Police Station Assandh and in the presence of the DSP it was resolved that Kashmir Singh side may repair the dismantled water-course and the complainant side would not interfere. On 13.5.2010 at about 5.00 p.m. Kashmir Singh along with Manjit Singh and Shubeg Singh went to the fields for repairing the dismantled water-course and when they were repairing it Vikramjit Singh (complainant), Satnam Singh alias Satpal Singh, Ranjit Singh son of Sampuran Singh, Kulbir Singh and one Surat Singh son of Mohar Singh came at the spot. Satpal Singh Cr. Misc. No.M-20825 of 2010 [3] alias Satnam Singh was armed with a sword while other persons were armed with Lathis. They caused injuries to Manjit Singh son of Jasbir Singh. One of the injuries caused with the sharp edged weapon was declared grievous. After X-ray, it was opined as a hairline fracture in the right middle finger. It is submitted that no injury was caused to the complainant but he procured a MLR after showing self-inflicted injuries with an intention to implicate the petitioners. The criminal case, it is submitted, is a devise to put pressure on Kashmir Singh to withdraw the civil suit against the complainant party. In response, learned counsel for the State and the complainant have submitted that as per the MLR of Vikramjit Singh there are 12 injuries on his person and it cannot be said that these have been self-inflicted. The dispute between the parties, it is submitted, is the water-course and the suit filed by the accused was dismissed by the trial Court and an order for maintaining status quo regarding the water-course was passed by the learned Additional District Judge, Karnal in terms of order dated 4.3.2010. It is submitted that the offence committed by the persons on the accused side is one under Section 326 IPC and some of the accused are still to be arrested; besides, the weapons used by the petitioners are to be recovered. Learned counsel for the complainant has further submitted that the complainant is a handicapped person and injuries have been inflicted on him. After giving my thoughtful consideration to the matter, it may be noticed that the case set-up by the petitioners is that the injuries on the person of complainant Vikramjit Singh are self-inflicted. However, there are 12 injuries on his person and some of them are grievous. In the circumstances, it cannot be said that these are self-inflicted injuries. The Cr. Misc. No.M-20825 of 2010 [4] petitioners are a part of the assailants who had inflicted injuries on the complainant Vikramjit Singh. The fact that Manjit Singh had suffered a hairline fracture on his right finger is to be considered by the investigating authorities or the trial Court as the case may be. The same at this stage cannot be said to be a justification for inflicting injuries by the assailants on complainant Vikramjit Singh. In the facts and circumstances, no ground for grant of pre-arrest bail is made out. Consequently, the criminal miscellaneous petition is dismissed. August 9, 2010. (S.S. Saron) Judge *hsp*