BALDEV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Baldev Singh, petitioner, has filed the present petition alleging that out of the five persons named as accused by Kanwaljit Kaur in FIR No. 58 dated 12.4.2000 at Police Station Rania, three persons have been shown in column No. 2 of the challan presented by the Police. Baldev Singh and Anoop Singh are the only two persons who are being proceeded against and Baldev Singh has moved the present petition alleging that the case against him was registered by the police under political pressure at the behest of their cousin Joginder Singh and they should not have been proceeded against as large number of respectables of the village have sworn affidavits vouching for the innocence of the petitioner and the co accused.

(2.) In the reply filed on behalf of the State, it was submitted that as per the statement of Kanwaljit Kaur, Baldev Singh, Anoop Singh, Lakhvir Singh, Kulwant Kaur and Pritpal Singh on the instigation of Kulwant Kaur had gone into the room where the complainant was sleeping. After she had gone away from the scene, the accused had raped the complainant one by one. It was admitted that three of the persons named in the FIR have been shown in column No. 2 but it was denied that the case against the petitioner was false.

(3.) Since the challan has already been filed and in view of the allegations which are being made against the petitioner by Kanwaljit Kaur, in my view this case is not a fit one in which interference is called for by this court in the exercise of powers conferred on it under Sec. 482 Criminal Procedure Code, as none of the circumstance relied upon by the petitioner for quashing the FIR is covered by the guide-lines laid down by the Apex Court in State of Haryana and others Vs. Ch. Bhajan Lal and others 1991 (1) RCR 383 : 1991(1) All India Criminal Law Reporter 68 (S.C.)