JOGINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this petition filed under Section 482 of the Code of Criminal Procedure, the prayer is that First Information Report No. 158 of 1992, registered under Section 394 of the Indian Penal Code, at Police Station, Beri, District Rohtak, be quashed. A copy of the F.I.R. registered at the instance of Rajbir complainant has been appended as annexure P-1 to the petition. The crux of the F.I.R. is that on September 2, 1992, the petitioner alongwith some other co-accused intercepted a truck being driven by Rajbir complainant and after injuring him, committed robbery of Rs. 9,500/- from the truck. In the F.I.R., the names of the accused were not mentioned but they were described as being of medium built and of medium height. The present petition has been filed challenging the registration of the case as also all the subsequent proceedings, primarily on the ground that the complainant Rajbir as also cleaner of the truck also named Rajbir who witnessed the incident were residents of village Chiri and as such, it had the petitioner been present at the spot, his name would have appeared in the F.I.R., the more so as the petitioner was a member of the Panchayat of the village as also of the Block Samiti. It has also been urged that height of the petitioner being 6'-8" made him a distinctive figure while in the F.I.R. the accused is reported to be of medium height.

(2.) IN the reply filed on behalf of the State, there has been no specific denial to the facts mentioned above. It has, however, been argued by Mrs. Madan, learned A.A.G., appearing on behalf of the State that the challan has since been filed in Court and the petitioner can take his chance to secure an acquittal on the facts stated above.

(3.) FOR the reasons recorded above, this petition is allowed and the proceedings qua the petitioner Joginder Singh only are quashed. Petition allowed.