JATINDER PAUL BHAGI Vs. HARDYAL THAKUR

JUDGEMENT

(1.) Applicant - Jatinder Paul Bhagi has filed this application under Sec. 378(4) Cr.P.C. seeking special leave to appeal.

(2.) Briefly stated, facts of the case are that complainant - Jatinder Paul Bhagi had filed a complaint under Ss. 325 / 34 IPC against accused Hardyal Thakur and Kala @ Rajinder Kumar, both residents of 96/9 Central Town, Backside Geeta Mandir, Opposite Park, Jalandhar City. As per the case of the complainant on 18/7/1995, he had a minor scuffle with his colleague and co-employee - R.K. Khanna in Bank of India, Mai Hira Gate Jalandhar; accordingly an inquiry into the matter was instituted; Kuldeep Singh Thakur, a union leader of the bank, then working as General Secretary of the union appeared as a defence representative for R.K. Khanna. According to the complainant because of the party factionalism Kuldeep Singh Thakur was bent upon to take benefit of the minor incident involving the complainant and R.K. Khanna so as to get the complainant suspended from his job, however, when Kuldeep Singh Thakur failed in that endeavour, he got angry and threatened the complainant that he would not allow the complainant to live a peaceful life; on 16/1/1996 when the inquiry in respect of the incident in question was going on, it was stopped temporarily on account of lunch time; during the lunch time, the complainant came out of the bank premises at about 2:00 p.m.; at that time Hardyal Thakur, a brother of Kuldeep Singh Thakur along with Kala alias Rajinder Kumar and another person intercepted the complainant and took him forcibly to the deori of the street, which was of the box factory adjoining the bank; thereafter Hardyal Thakur blurted that because of the fact that the complainant was going against his brother, for that reason the accused had come to teach him a lesson, then Hardyal Thakur gave a punch blow on the face of the complainant, as a result of which, tooth of the complainant fell out; thereafter the complainant was thrown on the ground by accused Hardyal Thakur and Kala alias Rajinder Kumar along with another person not known to the complainant; while the complainant was lying on the ground, Hardyal Thakur gave kick and fist blows to complainant, whereas Kala @ Rajinder Thakur gave him slaps and kick blows in the stomach, at his back and on his face; the third person accompanying both the accused had abused the complainant giving hand and foot blows to him; the complainant raised alarm to save himself, on hearing which one Ashwani Kumar, a bank customer and Dalip Singh Bhatia came to the spot and witnessed the entire occurrence; in the meanwhile a few more persons arrived at the spot; on seeing them, all the three assailants ran away from the spot; Dalip Singh and Ashwani Kumar had taken the complainant to Civil Hospital, Jalandhar, where he was medico legally examined; as per the MLR of the complainant dtd. 16/1/1996, he had sustained eight injuries, of which two injuries were grievous and x-ray was advised, whereas the other injuries were found to be simple in nature.

(3.) An FIR was registered pertaining to that incident on 20/1/1996. Despite registration of the FIR, the police of Division No.3, Jalandhar did not take any action against the accused persons, therefore, the complainant was forced to file a private complaint in the Court of Judicial Magistrate Ist Class at Jalandhar.