Criminal Misc. No. M-4004 of 2010 v. Jarnail Kaur

Judgment

4. Jarnail Kaur wife of Mastan Singh, r/o village Maruli Khurd, Tehsil and District Ropar. Kulbir Singh @ Chhota son of Binder Singh @ Shinder; Jasbir Kaur wife of Jaspal Singh @ Pali; Kuljinder Singh @ Kinda son of Surinder Singh @ Shinder; all residents of village Marauli Khurd, Tehsil and District Ropar.

5. State of Punjab. ...Respondents

CORAM: HON'BLE MR. JUSTICE SHAM SUNDER Present: Mr. HNS Gill, Advocate, for the petitioner. SHAM SUNDER, J. This petition under Section 482 Cr.P.C., for quashing the order dated 03.11.09 (Annexure P4), passed by the Additional Sessions Judge (Adhoc), Fast Track Court, Ropar, and the order dated 27.01.2010 (Annexure P3), passed by the Additional Sessions Judge (Adhoc), Fast Track Court, Ropar, vide which, the summoning Criminal Misc. No. M-4004 of 2010 2 order dated 17.11.07 (Annexure P1), passed by the Additional Chief Judicial Magistrate, Rupnagar, was set aside, has been filed by the petitioner.

2. The facts, in brief, are that, on 29.06.04, in the morning, Sarabjit Singh alongwith some ladies entered into the courtyard of Sukhdev Singh son of Jarnail Kaur, complainant. It was stated that Sukhdev Singh, had got boundary wall around his courtyard and a gate was fitted for the entry and exit from the house. It was further stated that some Pipal, Sesham and Beri trees, were standing in the courtyard of Sukhdev Singh. It was further stated that Sarabjit Singh etc. started cutting the trees. It was further stated that when Kuldeep Kaur, wife of Sukhdev Singh, requested them not to do so, all of them advanced towards her, as a result whereof, she entered into the room of her house. It was further stated that, thereafter, the aforesaid trespassers, started hurling brick-bats towards her, as a result whereof, some glass panes were broken. It was further stated that FIR No. 84 dated 29.06.04, was registered against Sukhdev Singh and Kuldeep Kaur. It was further stated that, in the evening, on

29.06.04, at about 9.00 PM, Jarnail Kaur, complainant, and her husband were present, in their house. It was further stated that all the accused forcibly trespassed into their house, and caused grievous injuries, on their person, with an intent to kill them. It was further stated that, at the time of occurrence, Harminder Kaur, daughter of the complainant, was also present, in the house. It was further stated that the neighbourer of the complainant namely Surmukh Singh son Criminal Misc. No. M-4004 of 2010 3 of Munsha Singh, also came there and witnessed the entire occurrence. It was further stated that all of them started raising alarm, whereupon, the accused, threatened them not to report the matter to the Police, else they would be murdered. Thereafter, the accused fled from the spot, with their respective weapons. It was further stated that Jaspal Singh, accused, was deputed as Havildar at Police Post Gharuan, Police Station Kharar. It was further stated that Jaspal Singh, one of the accused, openly told that, no action, could be taken against them, as he had got deep influence, in the Police. It was further stated that both the complainant and her husband were got medically examined, at Primary Health Centre, Morinda, wherein, fracture of his (her husband's) little finger was found. It was further stated that, thereafter, the statement of the complainant, was recorded at Police Station Morinda, but the same was not recorded, in the manner, as dictated by her, as Jaspal Singh, one of the accused, was deputed as Head Constable there. It was further stated that, no action, had been taken against the accused. Ultimately, the aforesaid complaint, was filed.

3. I have heard the Counsel for the petitioner, and, have gone through the documents, on record, carefully.

4. The Counsel for the petitioner, submitted that after passing the order dated 14.12.09, the parties, appeared before the Additional Sessions Judge (Adhoc), Fast Track Court, Ropar. He further submitted that after hearing the Counsel for the parties, the Court below, came to the conclusion, that there was sufficient evidence, on Criminal Misc. No. M-4004 of 2010 4 the file, for summoning all the accused. He further submitted that the Court below, did not apply its mind, to the facts and circumstances of the case. He further submitted that the Court below, did not take into consideration the factum that there was no sufficient evidence, on the file, for summoning all the accused, because Mastan Singh, to whom, the injuries, were allegedly caused was not examined as a witness. He further submitted that the Court below, also did not take into consideration the factum, that there was no material, to proceed against Jaspal Singh, Kulbir Singh and Kuljinder Singh, as the complaint, against them, had been filed with a motive to drag them, in the present case, as a counter-blast to FIR No. 84, dated 29.06.04, registered against Sukhdev Singh and Kuldeep Kaur, under Sections 148, 307 and 323 read with Section 149 IPC, 25 and 27 of the Arms Act. He further submitted that the orders impugned, being illegal, were liable to be quashed.

5. After giving my thoughtful consideration, to the contentions, raised by the Counsel for the petitioner, in my considered opinion, the petition, is liable to be dismissed, for the reasons, to be recorded, hereinafter. Since, the order dated 5.7.2008 was passed, by the Revisional Court, without affording an opportunity, to the petitioner of being heard, the same was set aside, vide order dated 14.12.09 by this Court, and the parties, were directed, to appear, before the Court of Additional Sessions Judge, Rupnagar. The Court of Additional Sessions Judge, Rupnagar, was directed to hear the parties and pass a fresh order, in accordance with Criminal Misc. No. M-4004 of 2010 5 the provisions of law. It was, thereafter, that the parties put in appearance, before the Additional Sessions Judge (Adhoc), Fast Track Court, Ropar. The Court concerned, after affording an opportunity, to the parties of being heard, passed the order dated

27.01.2010. While passing the order dated 27.01.2010, the Additional Sessions Judge (Adhoc), Fast Track Court, Ropar, took into consideration, all the pleas, raised by the Counsel for the parties, and the preliminary evidence produced. The Court below, was, thus, right in coming to the conclusion, that there was sufficient material, on the record, for summoning the remaining accused. The Court below was also right in holding that change was rightly framed. The mere fact that one of the injured, was not examined, in itself, was not sufficient, to come to the conclusion, that the orders of the Court below, were, in any way illegal. The orders of the Court below, do not suffer from any illegality or perversity, warranting the interference of this Court.

6. For the reasons recorded above, Criminal Misc. No. M-4004 of 2010, being devoid of merit, must fail, and the same stands dismissed. Any observation, made in this order, shall not be taken, as an expression of mind, on merits of the case.

7. Registry is directed, to comply with the order, by sending the copies thereof, to the Courts concerned.

17.02.2010 Amodh (SHAM SUNDER) JUDGE