ATMA RAM Vs. ISHWAR SINGH

JUDGEMENT

(1.) By way of this common judgment, two petitions bearing CRM-M No. 29889 of 2014 (Atma Ram vs. Ishwar Singh) and CRMM No. 34198 of 2014 (Sahab Singh and others vs. Ishwar Singh ) shall be disposed of.

(2.) Present petitions have been filed under Section 482 Cr.P.C for quashing of the order dated 3.7.2014 (Annexure P-4) passed by JMIC, Dera Bassi vide which the petitioners were summoned to face the trial for the offences under Sections 500, 181, 191, 192, 193, 195, 199, 200, 120-B IPC and order dated 25.9.2013 (Annexure P-3) passed by Additional Sessions Judge, SAS Nagar, Mohali vide which the order dated 23.1.2012 (Annexure P-2) passed by JMIC, Dera Bassi was set aside and JMIC, Dera Bassi was directed to pass the fresh order.

(3.) Respondent filed a complaint under Sections 463, 464, 465, 469, 471, 499, 500, 181, 191, 192, 193, 195, 199, 200 and 120- B IPC alleging that he was elected as a member of Gram Panchayat Village Punsar in the year 2008, when Rashmi Devi brother's wife of Chuhar Singh also contested but she lost. Shashi Bala nephew's wife of Satpal Lambardar also contested Gram Panchayt Election in the year 2008 and was elected member of Gram Panchayat of Village Punsar. The post of Sarpanch was reserved for lady candidate. The respondent-complainant supported Promila for the post of Sarpanch and Shashi Bala failed to get the support of sufficient members. The petitioners alleged to had hatched a conspiracy to implicate the respondent in false criminal case so as to deprive him in participating in the proceedings of the Panchayat elections and by registering a false case against him by forging a writing as written compromise qua a Truck of Sheo Ram and Madan Lal and an application and compromise qua passage in between Jagir Singh and Chuhar Singh which was signed by the accused persons. As per conspiracy on 30.11.2008 they concocted a story that complainant Ishwar Singh asked Jagir Singh and Sheo Ram too eliminate Chuhar Singh. They also fabricated and forged two affidavits from Sheo Ram and Jagir Singh on 1.12.2008. As per conspiracy they moved an application to SSP Mohali and by using the forged and fabricated affidavits got registered a false case against the complainant under Section 115/506 IPC vide FIR No. 139 dated 9.12.2008 at Police Station Lalru. Complainant was arrested in the above said FIR and faced trial before the Sessions Court, Mohali and was acquitted in the said case. On the basis of false FIR accused persons got moved an application from SHO, P.S Lalru to DDPO Dera Bassi agaisnt the respondent/complainant who further sent a report to Director, Panchayat, Punjab and on the basis of that report Director Panchayat placed him under suspension and respondent/compliant was deprived from participating the proceedings of Gram Panchayat. Vide order dated 23.1.2012 passed by the Judicial Magistrate Ist Class, Dera Bassi (Annexure P-2), the complaint was dismissed on the ground that a private person is not competent to file a complaint. Rather public servant concerned or some other public servant to whom he is administratively subordinate or concerned Court or by such officer of the Court as that Court may authorize in writing in this behalf or some other Court to which that Court is subordinate are only competent to lodge a complaint for the commission of these offences.