MANOJ KUMAR Vs. VED PARKASH

JUDGEMENT

(1.) Facts necessary for the disposal of this petition under section 482 of the Code of Criminal Procedure are that the petitioners Manoj Kumar and Manish Kumar seek quashing of complaint dated September 21, 1989, Annexure P-I, and summoning order dated October 24, 1989, Annexure P-2. The complaint was lodged by Ved Parkash respondent before the JMIC, Fazilka, alleging that on September 19, 1989, at 5 p.m. when he was near the bus-stand, the two accused, who are commission agents working in Delhi but are his old acquaintances, met him at Abohar. They were then traveling in a Maruti car No. DAQ-5962. The accused took the complainant aside and threatened him that he should pay their brokerage on pain of death. The complainant told them that as the transaction had not been materialized, there was no question of payment of brokerage. Manoj Kumar ex honed his-co-accused to put the complainant, who was described as a dog, in the car and that they would throw him in the canal. Both the accused forcibly put the complainant in the car and started driving away when several persons named in the complaint gathered and managed to stop the car and the complainant got out. The accused Manoj Kumar threw a brick-bat hitting on the right side of his back. Co-accused Manish Kumar threw 3/ 4 pieces of stone hitting in the middle of back side of his right arm. Next morning the complainant went to the police station and on being so advised went to the Civil Hospital and got him self medically examined. The police having paid no heed, he filed the present complaint on September 21, 1989.

(2.) After recording preliminary evidence, the JMIC, Fazilka, summoned the accused under sections 323/506/34 of the Indian Penal Code. Hence this petition.

(3.) A reply on behalf of the respondent complainant has been filed.