RATTAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) RATTAN Singh, by means of this petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India seeks quashing of the order and charge framed under Section 6 of the Terrorist and Disruptive Activities (Prevention) Act, 1985 (for short the Act, 1985) in case FIR No. 165 dated May 26, 1985 P.S. Sadar, Hisar.

(2.) THE case FIR No. 165 dated June 26, 1985 was registered for offences under Sections 148, 307, 325, 323, 429 read with Section 149 IPC and Section 27 of the Arms Act on the basis of a statement made by Jaipal son of Hari Ram. The informant had given a version to the effect that on June 25, 1985, he and others had dug foundations in a vacant plot which they claim themselves to be in possession of and they had also stored, bricks for constructing the wall. Jaipal alongwith Sunder, Gulab, Bhim Singh, Ranbir and Hari Ram were present at that plot and at about 4/4.30 p.m. Rattan Singh-accused carrying a double barrel gun, Randhir armed with a Jely, Baljit and Raghbir armed with Dangs came to that spot. They laid a claim to the plot Rattan Singh hurled abuses and asked the complainant party to go away. Rattan Singh fired 6-7 shots in the air. In the meantime, Mewa Singh and Surjit Singh carrying Lathis also arrived. Baljit, Raghbir and Ranbir started inflicting injuries to the complainant party with their respective weapon,s, Jaipal was inured with pellets of the shot fired by Rattan Singh. He also received injuries at the hands of Ranbir Singh with Lathi. Subsequently, they were taken to the Civil Hospital. In the same occurrence, a she-camel the there in the plot was also shot dead. This occurrence was witnessed by Rattan Singh, Dhan Singh and Nihal Singh.

(3.) SHRI Baldev Singh who appears for the petitioner has urged that in view of the observations of their Lordships of the Full Bench in Bimal Kaur v. Union of India, 1987(2) RCR 531, the charge under Section 6 of the Act of 1985 has to be dropped.