DEVINDER SINGH NAGI Vs. S H O

JUDGEMENT

(1.) . The petitioner Devinder Singh Nagi has filed this petition under Section 482 of Cr.P.C. for quashing of the FIR No.26/2001 registered against him for offences under Section 323/342/ 356/379/427/452/506 read with Section 34 IPC at P.S.Krishna Nagar, charge-sheet and the proceeding emanating therefrom pending in the court of Mr.Ramesh Kumar, M.M.,Karkardooma Courts.

(2.) The case FIR No.26/2001 is registered against the petitioner on the complaint of respondent no.2 Sudhir Kumar Jain on 30.1.2001. Mr.Jain in his complaint to the SHO had alleged that on 30.1.2001 at about 6.30 A.M. he left his home for Hanuman Mandir and on the way he went to his another house E-7-A/4, Krishna Nagar for looking into the arrangement for pooja being conducted there He sat in the pooja for some time. Thereafter he went into the house and when he was emerging therefrom he heard abuses emanating from the pooja room. He saw that the accused Devinder Singh Nagi along with three or more persons was hurling abuses. He immediately rang up the police control room at 100 number. He also tried to pacify the petitioner and his associates but to no effect. The petitioner exhorted his companions to beat up the complainant. They forcibly entered into the inner portion of the house from the pooja room. They caught hold of him and took him to a room where the petitioner accused along with his accomplices thrashed him with fist, kicks and dandas. The complainant tried to escape but the accuse.d restrained him. They tore his clothes and even his gold chain worn by him in the neck was snatched away. The petitioner accused was shouting that he would kill the complainant in case he failed to pay double the price of his property and pay money demanded by him and that he was a very dangerous man and he would ruin him and his children. At the time of the occurrence Thekedar sunil and Panditji who was performing the pooja besides Chowkidar Suresh were present. in the meantime police came. The petitioner and other co-accused tried to escape along with gold chain of the complainant but the petitioner was apprehended by the complainant and was handed over to the police. The police took him and the petitioner accused to the hospital where the medical examination of the complainant was conducted. The complainant had suffered multiple injuries at his body. Finding that he was not getting proper treatment the complainant then went to the clinic of Dr.Chhatwal, Som Bazar and then he was advised to be admitted in J.M.I.Hospital, vikas Marg Extn. He was admitted in the hospital. He was suffering from chest pain and had vomiting 2/3 times. The complainant informed the police of his presence in the hospital but nobody came. On the next day he gave a complaint to the SHO, P.S.Krishna Nagar in writing. He prayed for action against the accused for committing offences as mentioned above.

(3.) After the investigation was conducted the police has filed the charge-sheet for trial of the. petitioner accused in the court for the offences under Section 323/343/427/452/506 read with Section 34 IPC.