IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-15143 of 2010 Date of decision : 12.7.2010 Jaswinder Singh and others … Petitioners Versus State of Punjab and another …Respondents Present: Mr. Pardeep Goyal, Advocate for the petitioners. S.S. Saron , J. This petition has been filed under Section 482 of the Code of Criminal Procedure (`Cr.P.C.'- for short) praying for quashing of DDR No.4 dated 8.11.2007 (Annexure P-4) which is a cross version of Gurcharan Singh (respondent No.2) in FIR No.145 dated 7.11.2007 (Annexure P-2), the inquiry report dated 1.1.2008 (Annexure P-5) in the cross case in FIR No.145 dated 7.11.2007, the charge sheet dated 6.10.2008 (Annexure P-6) and the order dated 3.11.2009 (Annexure P-7) passed by the learned Sessions Judge, Fatehgarh Sahib. Sarabjit Kaur (petitioner No.2) lodged FIR No.145 dated 7.11.2007 (Annexure P-2) at Police Station Bassi Pathana. It is alleged by her that she had taken agriculture land on lease in village Ferozepur Jattan from Gurcharan Singh (respondent No.2). They had sown Charri and Aarhar crops. There was a dispute pending regarding the said land. On the date of occurrence i.e. 7.11.2007 at about 12:30 p.m., Gurcharan Singh (respondent No.2) and his sons Rajinder Singh and Jatinder Singh, besides Rulda Singh son of Jeet Singh, Balwinder Singh alias Lala son of Karam Singh and Darshan Singh son of Bant Singh, all residents of village Ferozepur Jattan, came on a tractor and started ploughing the charri crop that had been sown by Sarabjit Kaur (petitioner No.2) on the said land. On Crl. Misc. No. M-15143 of 2010 2 seeing them ploughing her charri crops, Sarabjit Kaur (petitioner No.2) along with her husband’s younger brother’s wife (Devrani) Mandeep Kaur went to the field to stop them from ploughing the crops. Petitioner No.2 asked them as to why they were ploughing the charri crop and they should talk to her male members. Rajinder Singh and Jatinder Singh went on driving the tractor while Darshan Singh, Balwinder Singh and Gurcharan Singh came in front of Sarabjit Kaur and inflicted fist blows and she (complainant) raised an alarm. As a result of the beating that was caused, she fell on the ground and her husband-Jaswinder Singh and younger brother’s wife (i.e. her devrani) Mandeep Kaur rescued her from them. On raising an alarm by her, all the persons ran away from the spot along with their tractor. Her husband-Jaswinder Singh (petitioner No.1) and her mother-in-law-Gurdev Kaur (petitioner No.3) got her admitted in the hospital where she was undergoing treatment. She requested for action being taken. The primary grievance of the petitioners is that challan against the petitioners has been filed on the basis of DDR No.4 dated 8.11.2007 (Annexure P-4). However no action is being taken in the case relating to FIR No.145 dated 7.11.2007 (Annexure P-2). Therefore, it is submitted that DDR No.4 dated 8.11.2007 (Annexure P-4), the inquiry report dated 1.1.2008 (Annexure-P.5), the charge-sheet dated 6.10.2008 (Annexure-P.6) and the order dated 3.11.2009 (Annexure-P.7) passed by the learned Sessions Judge Fatehgarh Sahib are liable to be quashed. Gurcharan Singh (respondent No.2) lodged DDR No.4 dated 8.11.2007 (Annexure-P.4) alleging that he owned 3 acres of land adjoining the road between Ganduan and Fatehgarh Jattan. The total land owned by Crl. Misc. No. M-15143 of 2010 3 him excluding the 3 acres was 82 Kanals. He had executed an agreement to sell 16 Kanals of land with Jaswinder Singh (petitioner No.1) by giving Khasra Nos. of the entire land measuring 82 Kanals. Out of this land he had agreed to sell 3 acres of land to one Kuldeep Singh son of Pritam Singh. A case regarding 16 Kanals of land with Jaswinder Singh ( petitioner No.1) was pending in the Court. On 7.11.2007, Gurcharan Singh (respondent No.2) along with his sons Jatinder Singh, Rajinder Singh and nephew Rulda Singh and Birdevinder Singh had gone to fields to prepare 3 Killas of land for sowing wheat crop. At about 12.30 p.m. Jaswinder Singh, his mother Gurdev Kaur (petitioner No.3), Mohan Singh (petitioner No.5), his wife Kulwinder Kaur (petitioner No.6), Avtar Singh alias Tari, his wife (non- petitioners) and wife of Jaswinder Singh, namely, Sarabjit Kaur (petitioner No.2) came at the field and started abusing Gurcharan Singh (respondent No.2) and others. They forcibly came in front of the tractor and stopped them from ploughing land. The aforesaid persons gave beating to him. These persons had no right to stop them from cultivating their land. The Police found that the aforesaid statement discloses the commission of offences under Sections 341, 447, 323, 147 and 149 IPC. Regarding the said occurrence statement of Sarabjit Kaur (petitioner No.2) has been recorded on the basis of which FIR (Annexure-P.2) has been registered. The learned Chief Judicial Magistrate, Fatehgarh Sahib vide order dated 6.10.2008 (Annexure-P.6) has charge-sheeted the petitioners for the offence of rioting; besides, the petitioners had wrongfully restrained the complainant Gurcharan Singh (respondent No.2) and restricted his movements in furtherance of common intention and thereby committed the offences under Sections 147, 341, 447 and 323 IPC. The petitioners Crl. Misc. No. M-15143 of 2010 4 aggrieved against the said order framing charge filed a revision petition before the learned Sessions Judge, Fatehgarh Sahib who has dismissed the same vide order dated 3.11.2009 (Annexure-P.7). The learned Sessions Judge noticed the contentions of the petitioners to the effect that Jaswinder Singh (petitioner No.1) was in possession of the land in dispute as he had taken it on lease from Gurcharan Singh (respondent No.2) and sown Charri crop on it. Gurcharan Singh, according to the petitioners came at the spot and tried to destroy the standing crop. When the petitioners tried to save their crop, Gurcharan Singh along with others gave them a beating. The FIR was registered by Sarabjit Kaur (petitioner No.2) but the complainant being an influential person got proceedings initiated against the petitioners. The learned Sessions Judge held that the petitioners had come up with a defence version which could not be evaluated by the trial Court at the time of framing charge. The defence version would require evidence and is to be looked into at the appropriate stage. No reason was made out to interfere with the order of the trial Court as the petitioners were not able to point out any legal infirmity. Therefore, the grievance of the petitioners as already noticed primarily is that there has been inaction on the part of the police in not carrying out effective investigations in case FIR No.145 (Annexure P- 2) dated 7.11.2007. If that be so, the petitioners may in the first instance, approach the Illaqa Magistrate for carrying out effective and complete investigations in case FIR No.145 dated 7.11.2007 (Annexure P-2). The DDR No.4 dated 8.11.2007 (Annexure P-4), the inquiry report dated 1.1.2008 (Annexure-P.5), the charge-sheet dated 7.10.2008 (Annexure-P.6) and the order dated 3.11.2009 (Annexure-P.7) passed by the learned Sessions Judge, Fatehgarh Sahib are not liable to be quashed for the alleged Crl. Misc. No. M-15143 of 2010 5 inaction by the police in not carrying out an effective investigation in the FIR case. In Sakiri Vasu v. State of U.P. and others, 2008 (1) RCR (Criminal), 392 (SC), it was observed that if after registering a FIR no proper investigation is held, it is open to an aggrieved person to file such application under Section 156 (3) Cr.P.C. before the learned Magistrate concerned. If such application under Section 156 (3) Cr.P.C is filed before the Area Magistrate, the Magistrate can direct proper investigation to be made in a case where, according to the aggrieved person, no proper investigation was made. However, resort to Section 482 Cr.P.C. for such direction is normally not be adopted. In the circumstances, the petitioners, if so advised, may approach the Area Magistrate in the first instance in case they are aggrieved against the inaction of the Police. The criminal miscellaneous petition is accordingly disposed of. July 12, 2010. (S.S. Saron) Judge *sd/hsp*