2010 Mouj Khan & Anr. v. State of Haryana & Anr.

Learned counsel for the petitioners has submitted that the learned Courts below have gravely erred in summoning the petitioners as they were found innocent during the investigation. Besides, it is submitted that on the medical examination of the complainant Hasmat Khan Crl. Misc. No. M-31961 of 2010 [2] (respondent No.2) only three injuries were found on his person. However, the complainant Hasmat Khan (respondent No.2) has sought to implicate as many as eight persons. I have given my thoughtful consideration to the contentions of the learned counsel for the petitioners and find no merit in the same. It may be noticed that the petitioners are specifically named as accused in the FIR (Annexure P1) recorded on the complaint of Hasmat Khan (respondent No.2) on 15.8.2000. It is alleged by the complainant that on 14.8.2000 he along with his son Mohd. Shamim was going for his duty to the BDO Office, Nagina on his motorcycle.

At about 9.30 a.m. when he reached near Nagina Post Office, then Jamalu, Subdin, Rehmat and Harish residents of village Bhadas met him. They in connivance with each other stopped the complainant and his son and started saying bad names. Jamalu proclaimed insultingly that on the said day they all may be killed but they should not be let the complainant escape. On this Jamalu hit with the cycle chain which he had in his hand with great force on the back of the complainant. Due to this the complainant fell on the ground and thereafter Subdin and Harish kicked the complainant and gave fist blows. At that very moment, Aasu @ Ash Mohd. (petitioner No.2), Paltu and Hakam of village Karhera came out from near by bushes. Aasu @ Ash Mohd. (petitioner No.2), immediately on coming, gave an iron rod blow which he held in his hand, which hit on the head of the complainant. He gave another iron rod blow on the right side of his head.

Harish and Subdin kicked the Crl. Misc. No. M-31961 of 2010 [3] complainant and gave fist blows to him. At that very moment, Mouj Khan (petitioner No.1) came at the spot and in a loud voice said that the hands and legs of the son of the complainant be also broken and he may be killed. On this Rehmat, Subdin, Hakam, and Paltu started beating the son of the complainant. They slapped him and hurled fist blows. The complainant raised an alarm “mar dia mar dia” and many persons gathered there. The nephew of the complainant Nasir Ahmad was also amongst them. He and the other persons got the complainant and his son rescued from the accused with great difficulty. The complainant along with his son came to the BDO Office and informed the BDO about the incident. He got them medical treatment from the hospital. Due to fear, the complainant and his son went to their house and thereafter they came for lodging the report and requested for action being taken.

During investigation of the case, the petitioners as also Harish son of Rehmat were found innocent. It was observed that there was no evidence which had come on the file for their arrest. Accordingly, report in tems of Section 173 CrPC was filed in the Court. During trial, Hasmat Khan (PW1) appeared in Court and he reiterated that Ash Mohd. (petitioner No.2) had given an injury with an iron rod which hit him on his head and another injury on the other side of his head with an iron rod. Then Mouj Khan (petitioner No.1) came there. He asked the other accused that the son of the complainant should be killed and he would take care and nothing would happen. Thereafter, Paltu, Rehmat, Subdin and Hakam beat the son of the Crl. Misc. No. M-31961 of 2010 [4] complainant. They kicked him and hurled fist blows on him. The complainant Hasmat Khan (respondent No.2) was cross- examined by the accused at considerable length.

After examination of the complainant (respondent No.2), the complainant filed an application dated 24.2.2007 (Annexure P2) for summoning Mouj Khan (Petitioner No.1), Ash Mohd. (petitioner No.2) and Harish son of Rehmat. The accused filed their reply (Annexure P3) to the said application. The learned Judicial Magistrate Ist Class, Ferozepur Jhirka vide impugned order dated 7.3.2009 (Annexure P4) summoned the petitioners as also Harish son of Rehmat. It was observed that the petitioners and Harish son of Rehmat had played an active role in the commission of the offence. The complainant/respondent No.2, it was observed, had specifically named the persons who were sought to be summoned in his statement made on oath before the Court on 21.9.2006. Besides, their names were also mentioned in the statements recorded under Section 161 CrPC by the police during investigation. Accordingly, it was observed that there was sufficient ground to summon them.

The petitioners aggrieved against the said order filed a revision petition (Annexure P5) in the Sessions Court at Nuh. The learned Additional Sessions Judge vide order dated 3.2.2010 (Annexure P6) dismissed the petition. The reasons recorded by the learned Courts below are sound and do not warrant interference of this Court in exercise of its inherent jurisdiction under Section 482 CrPC. The petitioners had indeed been named as accused and as the persons who participated in the Crl. Misc. No. M-31961 of 2010 [5] occurrence. The Police has merely recorded that they were found innocent. No reasons whatsoever have been mentioned by the prosecution for declaring them to be innocent. It is not shown as to whether an enquiry was conducted to establish that they were not involved in the case. Ash Mohd. (petitioner No.2) is said to have given an iron rod blow on the head of the complainant/respondent No.2 and another injury on the other side of his head also with an iron rod.

Besides, Mouj Khan (petitioner No.1) is said to have instigated others to cause injuries to the son of the complainant. In the circumstances, the petitioners have rightly been summoned to face trial as additional accused. From the material on record it is quite evident that they were liable to be summoned. Consequently, there is not merit in this petition and the same is accordingly dismissed. October 29, 2010 (S.S. SARON) JUDGE