SHIV KUMAR Vs. JASWANT SINGH

JUDGEMENT

(1.) SHIV Kumar and his brother Ram Kumar have filed the present petition under Section 482 of the Code of Criminal Procedure for setting aside the complaint Annexure P. 3 and order of summoning Annexure PA.

(2.) THE brief facts of the case which are necessary to assess, if the present is a fit case for quashing complaint and proceedings taken thereon, are that Shiv Kumar petitioner had taken on rent a shop belonging to Dheru Ram uncle of one Tilak Raj. There was a dispute regarding that shop between the landlord and the tenant and as the shop could not be got vacated, Tilak Raj nephew of Dheru Ram lodged a report with the police at Una on 18-2-1989 against Shiv Kumar and others for offences under Sections 147/323 and 506 read with Section 140 Indian Penal Code, copy of the First Information Report being Annexure P. 2. On 1-3-1989 Shiv Kumar filed a complaint against Dheru Ram, Tilak Raj and others in the court of Sub Divisional Judicial Magistrate, Una for offences under Sections 323, 147/448, 506 and 149 Indian Penal Code (Annexure P. 1.) Tilak Raj who was employed at Ferozepur in Life Insurance Corporation got filed A complaint by one Jaswant Singh against Shiv Kumar, his brother Ram Kumar and two others (Annexure P-3) for offences under Sections 363, 265. 367, 323, 506/34 Indian Penal Code. Jaswant Singh alleged that on 30-7-1989 when he was attending a function hosted by one Karam Chand the two petitioners, along with two others came there, caused injuries to him with a stick and a danda and then made him to leave the place in a car by show of dagger. The car Was stopped at a Railway gate which was closed where he raised an alram. When he raised hue and cry he was thrown out of the car by the petitioners. After recording preliminary evidence the petitioners were summoned to face trial for offences under Sections 323 and 506 Indian Penal Code while it was held that no case was made out against Vinod Kumar and Ram Pal Saini. The summoning order is Annexure-PA.

(3.) IT was argued on behalf of the petitioners that Jaswant Singh filed a complaint at the instance of Tilak Raj who had already been summoned on a complaint filed by Sham Lal petitioner in a court at Una. The petitioners who were residents of village Kalsara, District Una did not know the complainant nor they had ever visited Ferozepur in their life time. While filing complaint Jaswant Singh complainant even refrained from giving his complete address and described himself as a resident of Ferozepur City. The allegations made in the complaint did not make out a prima facie case on the face of it and it was evident that the complaint was filed with some ulterior motive to put pressure on the petitioners so as to get the shop vacated from them. It was an abuse of process of the court and a case of gross injustice which was apparent on record.