BAHADUR SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Quashing of FIR is sought on the ground that the same is abuse of the process of court. Petitioner No. 1 Bahadur Singh and his son Lakhwinder Singh, Petitioner No.2 were harassed by the police and Lakhwinder Singh was illegally detained and released at the instance of Warrant Officer appointed by this court. This court vide order dated 20.4.1999 also made observations about the. illegal harassment by the police. FIR dated 10.4.1999 was lodged alleging that Lakhwinder Singh was armed with DBBL gun and on lalkara being given by Bahadur Singh, a shot was fired by Lakhwinder Singh which did not hit anyone.

(2.) Vide order dated 26.8.1999, this court stayed further proceedings. In view of peculiar background of harassment of the petitioners as noted by this court in order dated 20.4.1999 and there being nothing to substantiate the version regarding firing from the gun which did not hit anyone, proceedings against the petitioner in FIR No. 32 dated 10.4.1999 under Sections 307/34 Indian Penal Code and 25/27/54/59 of the Arms Act, are abuse of the process of court and are hereby quashed.

(3.) Disposed of. Orders accordingly.