BHARAT SINGH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) BY the present petition, filed under Article 226 of the Constitution of India the petitioners seek quashing of FIR No.53/2012 dated 22.4.2012 registered under Sections 341/325/506/34 IPC read with Sections 27/54/59 Arms Act, P.S. Sonia Vihar, Delhi, against the petitioners and his family members. The petitioners also seek compensation for the harassment and further a direction to book the real culprits including respondent no.3, who have hatched a criminal conspiracy to falsely implicate the petitioner and further unnecessary harassment.

(2.) NOTICE in this petition was issued. Status report has been filed, as per which the victim had suffered injuries and Bharat Singh, Charat Singh and son of Bharat Singh have caused injuries to the complainant/victim, who was admitted in hospital for four days from 22.4.2012 to 25.4.2012. Details of different cases pending against the petitioners are detailed in the status report. As per the status report, the present petition has been filed as a counterblast to the FIR No.53/12 dated 22.04.2012 registered under Sections 341/325/34 IPC read with Sections 27/54/59 Arms Act at P.S. Sonia Vihar, Delhi, on the statement of one Rupender. In this case, Bharat Singh, Charat Singh and son of Bharat Singh are the accused persons and they caused injuries to the complainant/victim, who was admitted in the hospital for four days w.e.f. 22.4.2012 to 25.4.2012. The present writ petition has been filed in order to put pressure on the opposite side, so that the complainant may not proceed against them. In the status report details of cases, in which the petitioners, Bharat Singh, and Charat Singh, have been involved, have been given. Petitioner no.1, Bharat Singh, is involved in the following cases:

(3.) LEARNED standing counsel for the State has strongly urged before this Court that the present petition raises disputed questions of fact, the petition is premature and the same can only be decided during the trial of case FIR No.53/12 dated 22.4.2012 under sections 341/325/34 IPC and 27/54/59 Arms Act, P.S. Sonia Vihar, Delhi. Standing counsel further submits that the investigation is still pending with local police of P.S. Sonia Vihar, Delhi. Standing counsel next contends that investigation has revealed that on 22.4.2012 vide DD No.12A at 4.18 pm an information was received through PCR regarding a quarrel. On the said information HC Krishan Pal and Constable Virender of P.S. Sonia Vihar went to verify the facts. On reaching the spot, they learnt that the injured was already taken to G.T.B. Hospital, Delhi, by a PCR Van. On reaching the hospital, they found that the injured, Rupender, s/o Sh.Ram Chander, r/o G -5, Main Road, near Madina Masjid, Sonia Vihar, Delhi, was admitted in the hospital. The injured in his statement stated that he was working in the office of Hans Raj Property Dealer at Kaushal Puri, Chauhan Patti, Delhi. On the said day, he was present in his office and at about 3.30 p.m. he noticed that some persons were engaged in installation of bricks at the plot of his employer. He told them not to do so and thereafter he returned to his office. At about 4.00 p.m. petitioners and son of petitioner no.1, who were possessing swords, came to his office, mercilessly beaten him including by using the sword and also threatened him. The injured was taken to G.T.B. Hospital by a PCR Van and got admitted in the hospital. On his statement, FIR No.53/2012 dated 22.4.2012 under sections 341/325/34 IPC and 27/54/59 Arms Act, was registered at P.S. Sonia Vihar, Delhi.