BHANWAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The epitome of the facts, culminating in the commencement and relevant for disposal of the present petition for quashing the FIR (Annexure P6) is that in the wake of the statement of complainant Hardip Singh son of Mahinder Singh, the instant case was registered against the accused. The contents of the statement, which formed the basis of FIR, read as under:- Statement of Hardip Singh son of Mahinder Singh caste Jat Sikh resident of theri Thana Sadar Fatehabad aged 37 years Mobile 94668-59167 stated that I am resident of above said address and Truck No.RJ-14-1G/4668 is my own Truck and I have purchased this truck from Manjit Singh son of my aunt (Bua) and I myself drive this truck. Today at about 3 O'clock I was coming in my above numbered Truck with Government wheat 450 bags loaded in it from Nagpur Mandi to Fatehabad. When I reached Kainchi Chowk Hanspur Fatehabad at that time a white colour Alto Car came in front of my truck and the driver of that car made me stop by abruptly applying his brakes in front of my car. I alongwith my companion conductor Baldev asked as to what is the matter and four persons alighted from the Alto Car and forcibly dragged me out from the driver seat of the truck and snatched the key. All four of them started beating me and my conductor with slaps and fist blows and they were talking in between them that Surender Sat Roria shoot him. Then Surender said not here we will shoot him after reaching Jaipur. Then Bhanwar Singh said that Sandeep Balsamanthia what are you looking hit him and one person more who was giving slaps and fist blows to my conductor, while saying all this after threatening us for hitting us with bullet, forcibly ran away after snatching the truck loaded with Government wheat. One person whose name they did not spelt took away the Alto Car and ran away alongwith the truck. All these four persons snatched away the truck from me which was loaded with 450 bags of Government wheat forcibly after threatening me. At that time no other person or vehicle came to the spot. They ran away from the spot immediately after snatching the truck. While running away they were saying that Bhanwar Singh we will go to Jaipur then another person said Sandeep we will go to Satrod then the person who was addressed with the name of Bhawar Singh said that we will go to Surender Balsambandh. That after saying this they ran away with the Government wheat loaded truck towards Fatehabad City and Alto Car was accompanying them. That all these four persons have taken away a truck of government wheat forcibly from me after threatening me. Legal action be taken against them. I searched for my truck here and there in the Fatehabad City at many places but it could not be traced out. I alongwith my conductor was going to police station for lodging report. But you met me at Ratia Chungi. I got my statement recorded with you. Heard. It is correct. Sd/- Hardeep Singh Attested Ramesh Kumar ASI I/C P.P.G.N.Pura dt.20.4.10.

(2.) Levelling a variety of allegations, in all, the prosecution claimed that on the fateful day, all the accused conspired together and in furtherance of their common intention committed the robbery by putting complainant Hardeep Singh and his companion Baldev Singh conductor, in fear of instant death, wrongful restraint and induced them by putting in fear to deliver their truck. On the basis of aforesaid allegations and in the wake of statement of complainant, the present case was registered against the accused, vide FIR No.190 dated 20.4.2010 (Annexure P6) on accusation of having committed the offence punishable under section 392 read with section 34 IPC by the police of Police Station City Fatehabad, District Fatehabad.

(3.) Instead of cooperating in the investigation and submitting to the jurisdiction of the Court, the petitioner straightway has filed the present petition for quashing of FIR (Annexure P6), invoking the extra ordinary jurisdiction of this Court under section 482 Cr.PC.