TIKKA BALBIR SINGH BEDI Vs. STATE OF HARYANA

JUDGEMENT

(1.) TIKKA Balbir Singh Bedi has filed this petition under section 492 of the Code of Criminal Procedure (for short 'the Code') for quashing the proceeding in case State v. Tikka Balbir Singh Bedi, under sections 379/430, Indian Penal Code, pending in the Court of Judicial Magistrate 1st Class Sonepat.

(2.) BRIEFLY stated the facts of this case are that Shri Suresh Chander Garg, S.D.O. (Canals), Sub-Division Banjo, Ghanaur, District Panipat, wrote a letter dated 1st January, 1974 to the Station House Officer, Ghanaur, which reads as under :-

(3.) IT is contended by Shri G.R. Majithia, the learned counsel for the petitioner, that the occurrence relates to 1st of January, 1974. According to the prosecution story itself, the petitioner was not present at the spot. The only allegations against him are that he abetted the commission of an offence under sections 430/379, Indian Penal Code. The principal accused in the case, namely Durga and Barkat have already been acquitted on merits. The Police had not challaned the petitioner. There is no evidence whatsoever against the petitioner. No witness had stated even in his statement under section 161 of the Code that the petitioner had abetted Durga and Barkat. The petitioner has been summoned only on the basis of the statements alleged to have been made by these two accused to the police when they were accused in the above-mentioned case. These statements cannot be treated as evidence. During all these years, no witness except the one formal witness, mentioned earlier, has been examined. The proceedings are clearly an abuse of the process of the Court. He has cited before me Machander v. The State or Hyderabad, 1955 Supreme Court 792, wherein it has been held :