NARESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) NARESH Kumar and 12 others residents of village Ban Tehsil Thanesar, District Kurukshetra, have moved the present petition under Section 482 of the Code of Criminal Procedure challenging FIR No. 81 dated 22.4.1988 for offences under Sections 379/382/148/149/506 of the Indian Penal Code, which summarily relates to the theft of about 50 quintals of wheat, registered at Police Station, Ladwa and the proceedings arising therefrom such as the report under Section 173, Cr.P.C. and the framing of the charge dated 2.2.1989.

(2.) BRIEFLY the facts as alleged are that the accused were mortgagees in respect of land measuring 18 Kanals and 10 Marlas and their application for its redemption failed; that on the evening of 16.4.1988 the accused entered into the field in question and removed the entire wheat crop and placed it in an adjoining field; that the complainant came to know about it on 17.4.1988 when he along-with his son Ramesh Chand and one Ram Sarup went to the spot and tried to stop the accused but he was threatened by showing lathis and in this way theft of about 50 quintets wheat was committed. The Judicial Magistrate Kurukshetra made over the aforesaid complaint to SHO of Police Station, Ladwa for registration of the case.

(3.) AS regards the factual position it has been argued that in para No. 3 of the complaint which contained the thumb-impression of Sumer Chand complainant, the time when he went to the field on 16.4.1988 and the wheat crop was kept aside by the complainant does not find mention. Similarly, in the next para of the complaint the time when the alleged occurrence of theft took place on 17.4.1988 does not find mention and the allegations are vague.