BHAI MUKAND SINGH Vs. LADHA SINGH

JUDGEMENT

(1.) The petitioner by this petition filed under section 561-A Criminal Procedure Code . has prayed that the proceedings pending before Shri Brijesh Kumar, Judicial Magistrate 1st Class, against him and four others on a complaint filed by respondent Ladha Singh under section 352/341/504/506/147/149 I. P. C. be quashed. The grounds on which the proceedings are sought to be quashed are alleged to be that the petitioner earlier on 9th March, 1973, filed a complaint in the Court of Shri Brijesh Kumar, Judicial Magistrate 1st Class, under sections 50613231295^500 1. P. C. read with section 34 1. P. C. against respondent Ladha Singh and one Kartar Singh son of Ajaib Singh on the allegation that on 12th February, 1973, when the petitioner was returning from Gurdwara Sin Guru Singh Sabha Ali Ganj after having attended the monthly Sangrand Jor Mela he was waylaid by Ladha Singh and Kartar Singh near Ali Ganj Post Office. Ladha Singh 'respondent was stated to have caught hold of the petitioner's religious comb and kirpan from his hair which he threw on the ground and hurled filthy abuses on the petitioner. It is also alleged that prior to this incident on the same day both of them had injured the religious feelings of the petitioner by forbidding him to recite Sukhmani Sahib in the Gurdwara.

(2.) In the present petition the allegation is that as a counter blast respondent Ladha Singh malaciously filed a complaint under sections 352/341/504/506/147/149 I. P. C. against the petitoner and four others in the Court of Shri Brijesh Kumar, Judicial Magistrate 1st Class, on 19th May, 1973, on frivolous grounds so as to put pressure upon the petitioner not to proceed with his complaint filed earlier. The complaint filed by Ladha Singh according to the petitioner was forwarded by the learned Magistrate to the police for enquiry under section 202 Criminal Procedure Code . The enquiry was entrusted to Shri Aschraj Lal S. I" Police Station Lodhi Colony, New Delhi, who after examining certain persons from the locality and enquiring into the matter came to the conclusion that the allegations contained in the complaint of Ladha Singh were not true as none of the neighbours of the locality around the house of Ladha Singh had any knowledge of the alleged assault having been committed on him by the petitioner and four others. This report was forwarded to the Magistrate by Shri Parbhati Lal, Inspector, S. H. O. Lodhi Colony Police Station, who agreed with the report of Shri Aschraj Lal S. 1. and after personally looking into the complaint of Ladha Singh noted that "the allegations put forward in the complaint diminish due to the fact that no such report was lodged with the police and secondly no independent witness has supported it. The version of respondent carries weight. However, the sanctity of the complaint needs to be further tested through a judicial review. The complainant may be put to trial in the Court".

(3.) The learned Magistrate after perusal of the report proceeded to enquire into the matter. On 9th July, 1973 he recorded the statement of the complainant as also of one witness, Kartar Singh, By order dated 21st July, 1973, the Magistrate after going through the statement of the complainant and the witness produced by him was satisfied that there was sufficient ground to proceed against the accused-person as on the basis of evidence recorded by the Magistrate a prima facie case against all the accused persons was made out under section 352/149 I. P. C. The petitioner and four other accused persons were accordingly summoned by the magistrate under the aforesaid sections 354/149 I. P. C. for 30th July, 1973.