DES RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONERS Des Raj and Suman have filed this petition against State of Punjab, Sharanjit Kaur and Balwinder Singh under Section 482 Cr.P.C. for quashing of FIR No.155 dated 27.10.2012 under Sections 324, 307, 34 IPC (Section 307 IPC added later on) registered at police station Goraya District Jalandhar being false and has been got registered with oblique motives and malafide intentions qua the petitioners and for setting aside the order dated 22.04.2013 passed by learned Addl. Sessions Judge, Jalandhar vide which the petitioners have been summoned under Section 319 Cr.P.C. to face the trial.

(2.) THE brief facts, as stated in the petition, are that a false FIR has been registered at the instance of complainant -respondent No.2 Sharanjit Kaur vide which the petitioners have been falsely implicated and there is no such occurrence as alleged by the complainant. It is further stated that FIR has been registered on the allegation that on 24.10.2012, complainant and her husband were going to the house of Pal Singh. At about 6.00/6.30 P.M. when they were returning to their house and came in front of the house of Des Raj, then Des Raj raised alarm that Balwinder Singh be caught hold and should not be spared. Des Raj armed with handle of water pump, Babbu armed with datar, Tony armed with datar and Suman armed with danda caught hold Balwinder Singh. Babbu gave datar blow to Balwinder Singh which hit on his head, Tony gave datar blow on the front of the neck of Balwinder Singh and Babbu again gave datar blow on the right arm of Balwinder Singh. It is also alleged that Des Raj gave blow of handle of water pump and Suman gave blow of danda on the person of Balwinder Singh. When the complainant raised alarm, all the accused ran away from the spot with their respective weapons.

(3.) IT is stated in the petition that story is false and concocted one and the petitioners have been made scapegoat and have been falsely implicated. It is also stated that petitioner No.1 filed a criminal complaint under Sections 416, 465, 468, 471 and 120 -B IPC and the trial Court summoned the accused persons (of that case) for forcibly taking possession of agricultural land from petitioner No.1 which belongs to Dera Smadh Baba Desu. Santokh Singh and his associates approached this court for quashing the complaint and summoning order, which was dismissed by this Court vide order dated 17.05.2013. Thereafter, Jog Raj, brother of petitioner No.1 filed an application to DSP Phillaur on 27.06.2009 that these persons will demolish the building of Dera Smadh Baba Desu but the police did not take any action and Santokh Singh, Pal Singh, Balwinder Singh and their associates demolished the Dera. The petitioners also submitted an application against accused persons on 23.02.2010. Then the above -mentioned persons attacked at the house of the petitioners and petitioner No.1 got seriously injured. The trial is going on against the above -mentioned accused persons. It is further stated in the petition that in spite of the compromise and assurance given by respectables on 24.10.2012 at 6.15 P.M., Santokh Singh again attacked at the house of petitioner No.1 but he was not in the house. It is also stated in the petition that as per MLR, there are three injuries on the person of injured with sharp edged weapon. No blunt injury was found on the person of injured Balwinder Singh. Notice of motion was issued and learned counsel for respondent -State and private respondents appeared and contested the petition.