Dharmatma Singh vs Harminder Singh & Ors

3. The relevant facts briefly are that on 12.12.2004, F.I.R.

No.276 was registered at Police Station Sadar, District Ludhiana, against the appellant under Sections 452, 324, 323, 506, 326 read with Section 34 of the Indian Penal Code 2 (for short `the IPC') on information furnished by respondent No.1. The allegations in the F.I.R. were that on 12.12.2004, at about 8.00 a.m., the respondent No.1 and his mother were on their plot of land and they had engaged mason and labours for erecting walls on the plot when the appellant with others came armed with weapons and started beating the respondent No.1 and his mother and as a result the respondent No.1 and his mother suffered injuries and were admitted in the hospital. On 13.12.2004, the appellant gave a different version of the incident on 12.12.2004 to the police alleging that when he along with his father Mohan Singh reached the plot, they saw the respondent Nos. 1 and 2 along with others erecting walls on the plot and when Mohan Singh stopped the mason saying that the plot was a disputed one, respondent no.2 gave a lalkara and all others attacked Mohan Singh and the appellant caused injuries on them and as a result they have been admitted to the hospital. After investigation, the police filed two challans on 02.02.2006 before the Judicial Magistrate, First Class, Ludhiana. Under one challan, the appellant, his father Mohan Singh and Bhupinder Singh were charge-sheeted for 3 offences under Sections 452, 323, 326, 506 read with Section 34 of the IPC and under the other challan, respondent Nos.1 and 2 and some others were charge-

sheeted for offences under Sections 342, 323, 324, 148 of the IPC. On 22.03.2006, the respondent No.1 submitted an application to the Additional Director General of Police, Crime Branch, Punjab, pursuant to which the prosecution moved an application before the Judicial Magistrate, First Class on 19.07.2006 for permission to investigate further in the case and on 27.07.2006 the Judicial Magistrate, First Class, Ludhiana, granted such permission to the prosecution.

4. After further investigation, the Superintendent of Police, City-II, Ludhiana, submitted his report to the Deputy Inspector General of Police, Ludhiana Range. The relevant portion of the report of the Superintendent of Police, City-II, Ludhiana, which contains his conclusions after further investigation, is extracted hereinbelow:

5. The Deputy Inspector General of Police, Ludhiana Range, to whom the aforesaid report was submitted, referred the matter to the Additional Director General of Police, Crime Branch, Punjab, Chandigarh, and the Additional Director General of Police was of the opinion that as the challans had already been filed against the respondents in the cross-case, the decision of the case 6 should be left to the Court. The opinion of the Additional Director General of Police as stated in his communication to the Deputy Inspector General of Police, Ludhiana Range, Ludhiana, is quoted herein below:

6. However, before the Court of the Judicial Magistrate, First Class, Ludhiana, could apply its mind and take a decision on the original challan against respondents No. 1 and 2 and on the report of further investigation recommending dropping of the criminal proceedings against 7 them, respondent Nos. 1 and 2 filed Criminal Misc.

12. In the facts of the present case, the police in its report submitted to the Judicial Magistrate, First Class, Ludhiana, on 02.02.2006 had filed two challans, one against the appellant, his father Mohan Singh and Bhupinder Singh stating that they had committed offences under Sections 452, 323, 326, 506 read with Section 34 of the IPC and the other challan against the respondent Nos.1 and 2 and some others stating that they had committed offences under Sections 342, 323, 324, 148 of the IPC. Pursuant to permission granted by the learned Magistrate on 27.07.2006 for further investigation, a further report has been made by the Superintendent of Police, City-II, Ludhiana, stating that respondent no.1 for his self-defence had caused injuries to the appellant and others and hence the cross-case against the respondent no.1 is required to be cancelled. This further report has to be forwarded to the 16 learned Magistrate and as has been held by this Court in Abhinandan Jha (supra) and Mrs. Rupan Deol Bajaj (supra) it was for the learned Magistrate to apply judicial mind to the facts stated in the reports submitted under sub-sections (2) and (8) respectively of Section 173, Cr.P.C., and to form an opinion whether to take cognizance or not to take cognizance against the respondent no.1 after considering the objections, if any, of the complainant, namely, the appellant.

(5) When such report is in respect of a case to which section 170 applies, the police officer shall forward to the Magistrate alongwith the report-

(6) If the police officer is of opinion that any part of any such statement is not relevant to the 11 subject-matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request.

and the High Court held that no case had been made out for quashing the proceedings under Section 561-A of the Criminal Procedure Code, 1898 and dismissed the petition.

14. In the result, the appeal is allowed and the impugned order dated 25.03.2008 is set aside. The police will forward the further report of the Superintendent of Police, City-II, Ludhiana, to the Magistrate concerned and the learned Magistrate will apply his mind to the police report already forwarded to him and the further report of 19 further investigation forwarded to him and take a final decision in accordance with law after considering the objections, if any, of the appellant against the further report of further investigation.