LAWS(SC)-2011-5-37

DHARMATMA SINGH Vs. HARMINDER SINGH

Decided On May 10, 2011
DHARMATMA SINGH Appellant
V/S
HARMINDER SINGH Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This is an appeal by way of Special Leave against the order dated 25.03.2008 of the High Court of Punjab and Haryana in Criminal Misc. No. 10664-M of 2007 quashing a criminal proceeding against Respondents Nos. 1 and 2.

(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 (for short Rs. 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 labors 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 offences under Sections 452, 323, 326, 506 read with Section 34 of the Indian Penal Code 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 Indian Penal Code. 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.