OM PARKASH Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against order dated 7th June 1984 of an Additional Sessions Judge declining permission to the Public Prosecutor to withdraw from the prosecution of the petitioners.

(2.) The facts giving rise to the present petition in brief are that S/Shri Surinder Singh, Raghbir Singh, Balbir Singh and Mohinder Singh, who are real brothers, are running a guest house called "Dashmesh Guest House" at Chowk Sang Tarashan, Delhi. Hari Parshad-petitioner No. 4, his sons 0m Parkash-Pelitioiier No. 1 and Satish Klimar-petitioner No. 3 have a shop near by the said Guest House where they sell milk, curd and fruit juices etc. On 19th June 1980, Surinder Singh lodged a report (FIR No. 877/80 under Section 307/324/34 IPC) against all the four petitioners with Paharganj police to the effect that seven or eight days prior to that date Hari Parshad etc-. were having a Jagran (i.e. recitation of devotional songs etc. night to propitiate the Goddess) at Chowk Sang Tarasban and they were singing Bhajans (religious songs), However, the mike of the loud speaker was fitted in the direction of their Guest House and the music was being played at a very loud pitch. So, a brother of Surinder Singh nick named Pappu went to the shop of Hari Parshad Verma at about 10 p.m. and told them that their customers were feeling disturbed on account of loud pitch of the music. But Hari Parshad and his sons felt annoyed and were out to quarrel with him. However, some other people intervened and the ugly situation was averted. On 19th June 1980 again Hari Parshad and his sons held another Jagran and played the music at loud pitch which was dissiminated through a loud speaker. So, at about 9.30 PM., Surinder Singh and his brother Raghbir Singh approached Hari Parshad Verma and asked them not to play the music at a loud pitch but Hari Parshad exhorted his son Satish, ''Maro Salon Ko Roz ka Jhagra Nipta Do". Thereupon Satish threw powdered chillies in, the eyes of Surinder Singh and attacked him with a knife. He tried to ward off the attack ,by bringing forward his left forearm with the result that the knife landed, on his forearm. His brother Raghbir Singh stepped forward to help him but Hari Parshad and his son 0m caught hold of him and Satish stabbed him With the knife on his abdomen. On hearing the shouts, Balbir Singh and Mohinder Singh, brothers of Surinder Singh were also attracted to the place of occurrence. Thereupon, Sohan Lal @ Chuggi-petitioner No. 2, who was also present there, dealt a knife blow on his left thigh. Both the parties grappled with each other but the crowd which gathered there in the meantime intervened and separated the parties, Balbir Singh, Mohinder Singh and Raghbir Singh were removed to the hospital for medical exami- nation etc. Since the injury to Mohinder Singh was characterised as dangerous, a case under Section 307/34 Indian Penal Code was registered against the petitioners.

(3.) On the same date, another report was lodged by 0m Parkash- petitioner No. 1 being FIR No. 880/80 at about 12.30 midnight staling- that Balbir Singh @ Beera alongwith two other Sikh youth came to his shop at about 9/10 P.M. and they struck a lathi blow on his hand and head. They also hurled abuses. Thereafter Pappu also came to his shop and they over threw the counter of his shop and broke glass tumblers etc. A case under Section 452/427/34 Indian Penal Code was registered on its basis.