MANEESH VASHISTHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner is aggrieved of the order dated 25.2.2014 passed by Additional Sessions Judge, Narnaul whereby the 2nd respondent was granted the concession of anticipatory bail in Criminal Complaint No. 155 dated 3.10.2011 pending in the Court of Chief Judicial Magistrate, Narnaul.

(2.) THE aforementioned complaint was instituted by the petitioner wherein he averred that the 2nd respondent, who was posted as Divisional Engineer (Telecom) at Narnaul, was provided an official vehicle bearing registration No. HR66 -T -5128. On 11.9.2011 at about 11.00 a.m., when the petitioner had gone to rehri market to purchase the vegetables, he found the said car parked near City Heart Hotel and noted the rear number plate of the aforementioned vehicle of the 2nd respondent bearing registration No. HR66E -5128. While the petitioner was taking the photo of the rear side of the vehicle on his mobile phone, the 2nd respondent came from City Heart Hotel and started abusing him. He also tried to snatch the mobile phone of the petitioner. In the meanwhile, many persons gathered there. On seeing them, the 2nd respondent stopped grappling with the petitioner and the petitioner drove away on his motor cycle to save his life. He also submitted a written complaint on the same day to SHO, Police Station City, Narnaul but no FIR was registered despite commission of cognizable offences by the 2nd respondent.

(3.) HOWEVER , the 2nd respondent in order to put pressure upon the petitioner, submitted a false complaint against him. The petitioner then moved an application under Section 154 (3) Cr.P.C. to the Superintendent of Police, Narnaul, which was entrusted to the Deputy Superintendent of Police, Narnaul for enquiry but even then no action was taken in the matter. Accordingly, he instituted the aforementioned criminal complaint for taking action against the 2nd respondent for committing the offences under Sections 406/409/294/352/356/506(II)/483/484 IPC. After recording preliminary evidence, Chief Judicial Magistrate, Narnaul vide order dated 13.12.2013 summoned the nd respondent for facing trial for committing offences under Sections 409, 356, 294, 506 and 484 IPC. Apprehending his arrest, the 2nd respondent filed an application under Section 438 Cr.P.C. on 9.1.2014. He, however, withdrew the same on 23.1.2014, as according to him, there was typographical mistake in one para of the bail application and, accordingly, sought permission for filing the bail application afresh with better particulars. His request was accepted and, accordingly, his bail application was dismissed as withdrawn with liberty to file afresh.