JARMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners seek quashing of the order dated 4.7.2000 passed by the Judicial Magistrate Ist Class, Ferozepur, copy of which is Annexure-P.2, whereby direction had been given to the S.H.O. of Police Station, Mamdot to present challan against the accused after the completing the investigation of the case and other formalities.

(2.) THE incident had taken place on 10.4.1999 at 11.00 p.m. As per assertion of Sukhchain Singh, complainant, Jarmal Singh had borrowed some amount from him, with the promise to return the same during the next crop. He failed to keep the promise with the result that on 8.4.1999 the complainant went to the him and asked for return of the money. Upon this Jarmal Singh got infuriated and insulted the complainant. He further threatened him that he will take revenge for his asking for the return of the money. On the night of 10.4.1999 at about 11.00 p.m. two persons with muffled faces jumped into his house. Because of the noise created due to the barking of the dogs, the complainant woke up and asked as to who were outside. Thereupon 4-5 shots were fired towards him. Thereafter, he was forcibly taken to some yards towards the gate and they asked him to open the gate. Meanwhile family members of the complainant woke up. The complainant tried to escape from the clutches of those persons as a result of which the cloth with which those persons had covered their faces fell down. Then blows were given to the complainant and thereafter they left with their weapons in the jeep. The person sitting in the jeep could not be recognised in darkness by the complainant as he had also muffled his face. The number plate of the jeep could not be noted because it was covered with mud. A written report dated 11.4.1999 was made to the Police in Police Station, Mamdot. No action was taken on this report. Thereafter, the complainant filed Criminal Misc. No. 13803-M of 1999 in this Court for registration of FIR against the petitioners-accused. In the order dated 12.5.1999 passed in the above petition, a direction was given to the Police to take a decision on the representation made by the petitioner-complainant to the Senior Superintendent of Police, Ferozepur within three weeks from the production of copy of the order. In pursuance to the direction given, the present case under Sections 307, 452, 364 read with Section 34 I.P.C. was registered against the petitioners-accused.

(3.) I have heard learned counsel representing the parties.