JAGNANDAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THROUGH this petition under Section 482, Code of Criminal Procedure, the petitioner has prayed for issuance of a direction to respondent Nos. 1 to 3 for registration of a case against respondent Nos. 4 to 9 on the basis of D.D.R. No. 19 dated June 12, 2002 recorded by A.S.I. Harbans Singh, Incharge, Police Post Ladduwala, Tehsil Jalalabad, District Ferozepur, as per the statement made by the petitioner before him, and also for handing over the investigation of case F.I.R. No. 129 dated June 12, 2002, registered at Police Station Sadar, Jalalabad, against the petitioner as well as of the aforesaid D.D.R., to an independent agency like the C.B.I.

(2.) THE petitioner is stated to be the brother of Shri Zora Singh Mann, M.P. from Ferozepur, and is an agriculturist of village Chak Sohelewala, Tehsil Jalalabad. According to him, on June 11, 2002 at about 11 A.M. he along with one Darshan Singh of the same village were going on a scooter to Police Post Ladduwala, when both of them were attacked by respondent Nos. 4 to 9 in the area of the said village. Darshan Singh was stated to be seriously injured. Both Darshan Singh and the petitioner were admitted to Adesh Hospital, Muktsar, on that very day. The statement of the petitioner was recorded by Shri Harbans Singh, A.S.I., Incharge Police Post, Ladduwala, on June 12, 2002, on the basis of which D.D.R. No. 19 of the same date was registered. His companion Darshan Singh was declared unfit to make the statement on 11th and 12th June, 2002. On June 13, 2002 he was allegedly picked up from Adesh Hospital by the Police. Both Darshan Singh and the petitioner are stated to have been falsely implicated in case F.I.R. No. 129 dated June 12, 2002 registered at Police Station Sadar Jalalabad, on the basis of the statement made by Shaminder Singh, respondent No. 4. According to the petitioner, instead of registering a case against respondent Nos. 4 to 9, who were the assailants and had caused injuries to him as well as his comparison Darshan Singh, both of them have been falsely implicated in the aforesaid F.I.R., which was registered on the basis of the statement made by respondent No. 4. On the other hand, no F.I.R. has been registered against respondent Nos. 4 to 9 on the basis of D.D.R. No. 19 dated June 12, 2002, which was recorded on the basis of the statement made by the petitioner. It has further been alleged that the injury on the person of the Gurdev Singh, respondent No. 5 was not declared grievous in the medico-legal report. However, subsequently, another medico-legal report was procured and Section 326, Indian Penal Code, was added and Shri Zora Singh Mann, M.P., brother of the petitioner, had allegedly been falsely implicated in the case.

(3.) I have heard the learned counsel appearing on behalf of the petitioner as well as the State.