GOPAL SINGH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Petition under Sec. 482 the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioner for quashing of FIR No. 309/2015 under Ss. 308/34 IPC registered at P.S.: Anand Parbat and proceedings emanating therefrom. Ss. 323 and 506 IPC have been subsequently invoked.

(2.) In brief, as per the case of the prosecution, on 22/4/2015, SI Jagdish Singh received a PCR call vide DD Nos.67B regarding some quarrel. Upon reaching at the spot i.e. Ramlila Ground Nehru Nagar behind Sabji Mandi, no one was found. Thereafter, information was received about the treatment of Deepak and Jagdish (respondents No.2 and 3) at Acharya Bhikshu Hospital, Moti Nagar. Complainant alleged that while he was parking his vehicle behind Nehru Nagar Subzi Mandi, Ramlila Park, he asked the accused present at spot to stand away on which the accused started abusing and slapped him. Later on accused was joined by another person. However, the complainant managed to escape from the place of incident and informed about the same to his father telephonically. When father of complainant alongwith other family members reached at the spot, the said accused alongwith two other companions attacked the complainant and his family members with stones, bricks and sticks. FIR was accordingly registered under Ss. 308/323/506/34 IPC at PS Anand Parbat on 25/4/2015.

(3.) During the course of investigation, petitioner/accused Gopal Singh joined the proceedings, but other two accomplices could not be identified. Accordingly charge-sheet was filed against the petitioner.