DARSHAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS petition under Section 482 CrPC seeks assailing the order dated 20th August, 2010 of learned ASJ, whereby the criminal revision against the order dated 14th September, 2009 of M.M. was dismissed.

(2.) THE petition has peculiar facts and would demonstrate an utter abuse of process of law by the petitioner. Though the petitioner is aggrieved of the unfortunate death of his son Avtar Singh, but being a practicing advocate, has left no effort to abuse the process of law. On the report lodged by him regarding the death of his son, a case under Section 304 A IPC was registered vide FIR No. 159/1995 at P.S. Agroha (Hissar) in Haryana. He being not satisfied, made a complaint to the Director General of Police, Haryana stating that it has been specifically revealed from the post-mortem report and other material that his son was murdered pursuant to the conspiracy hatched by his friends, the respondents No. 2 to 6 herein. He accordingly insisted for registration of FIR under Section 302 IPC. THE police however, on completion of investigation submitted a charge sheet under Section 304A IPC against one Satwant Singh, owner of Sheetal Dhaba where his son was allegedly murdered. As the petitioner was not satisfied with the investigation and the charge sheet under Section 304A IPC, he filed a writ in this court being Crl.Writ Petition 520/1995 for registration of FIR for the murder and abduction. This petition was however, dismissed as withdrawn with the liberty given to the petitioner to pursue his remedy in Punjab and Haryana High Court, exercising territorial jurisdiction over the area of Hissar where the alleged murder took place. THEreafter, he filed Criminal Writ Petition No. 1025/1995 before Punjab and Haryana High Court. Vide order dated 10.5.1996, the said High Court directed the registration of case as per the complaint of the petitioner and consequently, FIR No. 201/1996 was registered against the respondents under Section 302/34 IPC at P.S.Agroha. THE respondents preferred a SLP being SLP (Crl.) 2369/1996 before the Supreme Court against the order of Punjab and Haryana High Court. THE Supreme Court vide order dated 27.9.1996 modified the said order of Punjab and Haryana High Court observing as under:

(3.) IT is this order of learned ASJ dated 20.8.2010, which has been assailed by way of present petition under Section 482 CrPC.