OM PARKASH Vs. GURPREET SINGH

JUDGEMENT

(1.) PRAYER in this application is for grant of special leave to appeal.

(2.) BRIEF facts of the case are that the applicant, Om Parkash, had filed a complaint against the respondents/accused for the offences punishable under Sections 148, 323, 452 and 506 read with Section 149, IPC, alleging that he was Ex -Sarpanch of Gram Panchayat, village Badsui, and his wife Sinder Devi was the Sarpanch at the time of filing of the complaint. The respondents/accused and their family members got executed the sale deed of land measuring 110 acres which was reserved for grazing the cattle. In order to claim the ownership of the said land in favour of Gram Panchayat, civil suit titled as Magar Singh vs. Zile Singh etc. under Section 13 -A of the Punjab Village Common Lands (Regulation) Act was pending before the Collector, Kaithal, which was being pursued by the complainant and his wife. On that account, the respondent/accused were upset and were pressurizing the applicant/complainant not to pursue the case in favour of the Gram Panchayat. Since the applicant/complainant did not agree to the proposal made by the respondents/accused, therefore, they were nourishing a grudge against the applicant/complainant and his family members. It was further alleged that the applicant/complainant was witness against the respondents/accused in a case under Section 302, IPC, therefore, the respondents/accused had adopted revengeful attitude towards him (applicant).

(3.) APPLICANT -Om Parkash, Sinder Devi and Mahinder were medico -legally examined and the police was also informed with regard to the incident but the police colluded with the respondents/accused and registered a baseless FIR against the applicant side.