BALJEET SINGH Vs. SUNIL DEVI AND OTHERS

JUDGEMENT

(1.) Crl. Misc. No. 27407 of 2014

(2.) Briefly, the facts of the case are that petitioner-complainant filed a complaint before JMIC, Charkhi Dadri alleging therein that on 17.7.2011 at 10.00 pm, when he was sleeping in his room, some persons knocked the door of his room and when he opened the door, he found Kuldeep, Sajjan Singh, Sombir, Smt. Sunil and Smt. Shanti along with 6/7 other persons with covered faces, who entered his room. Said persons gave slaps and fists blows to the petitioner and asked him to hand over the money received by him after selling the land. The petitioner stated that from the said money, loan amount has been repaid and now he has no money with him. On which, Kuldeep, Sajjan Singh, Sombir, Smt. Sunil and Smt. Shanti started searching his box and other 6-7 persons who were armed with the weapons asked him to stand in the corner of the room failing which he will be killed. An amount of Rs. 4700/- which was kept in the box and a golden ring weighing about half tola was taken forcibly out of the box and also lifted two kgs desi ghee, which was also kept there. The petitioner was also threatened to sign some documents, which they were keeping, failing which he was threatened to kill and his signatures were obtained on blank papers stating that those papers will be used for the purpose of cases pending before the Court. On hearing the noise, mother of the petitioner, namely, Smt. Lachhma, Ram Avtar and Sunita arrived on the spot and tried to rescue him. Accused persons also gave slaps and fist blows to the mother of the petitioner and then tied the petitioner and his mother with the string. All the said persons left the place in a jeep which was parked at a distance of about one acre. On the basis of said complaint, summoning order dated 14.8.2012 was passed by JMIC, Charkhi Dadri. Aforesaid order dated 14.8.2012 was challenged by accused Smt. Sunil Devi and Sombir before Additional Sessions Judge, Bhiwani, by way of filing revision petition, which was allowed on 20.12.2013 qua to them. The order passed by Additional Sessions Judge, Bhiwani is subject matter of challenge in the present petition.

(3.) Learned counsel for the petitioner contends that well reasoned summoning order passed by the trial Court on 14.8.2012 has been set aside without taking into consideration the specific allegations against the accused persons. Learned counsel further contends that summoning order was passed by taking into consideration the preliminary evidence and a prima facie case for commission of offence punishable under Section 341,342,384,427,452,458 and 506 IPC was made out. Learned counsel also contends that the order has been set aside without taking cognizance of Section 202 Cr.P.C. It is also the contention of learned counsel that a finding has been recorded that due to strained relations between petitioner and respondent No.1, the complaint was filed by the petitioner to harass the respondents and at the time of passing order of summoning of the accused persons only a prima facie case is to be seen and merits are not to be discussed.