VINOD JAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 438 Cr.P.C. seeking prearrest bail in a case registered against the petitioner under Sections 342, 353, 186, 323, 506 IPC and also Contempt of Court Act, at Police Station Division No.3, District Ludhiana City, vide FIR No.25 dated 21.3.2015.

(2.) A complaint was lodged by Process Server Bhupinder Kumar. He alleged that he received summons for effecting service on the accused from the court of Civil Judge (Jr. Division), Ludhiana. On 20.3.2015, he tried to locate the address of the accused. He met one Gurdev Singh and asked about residence of Vinod Jain (petitioner herein). At about 3.00 P.M., he knocked at the door of residence of the petitioner. His wife opened the door but refused to accept the summons. Complainant told her about the summons issued by the court. She went inside the house and came back alongwith a person. Complainant showed the summons to him. Thereafter, the complainant asked about the ID proof to show that he was Vinod Jain. At this, the accused got infuriated and abused the complainant. He tore the summons and threw the same on the face of the process server. He further threatened the complainant and told him that he had made number of complaints against other employees.

(3.) HE also used defamatory language about judicial officers. Complainant was forcibly confined inside the house and was pushed and slapped. After the complainant rang his colleagues on mobile phone, the police reached the spot and got him released. On the basis of complaint, instant FIR was lodged by the police and investigation ensued. Petitioner moved the court of Additional Sessions Judge, Ludhiana for grant of pre -arrest bail but same was rejected. Thereafter, instant application was moved before this court. On April 08, 2015, this court issued notice of motion to State of Punjab after hearing counsel for the petitioner Mr. Vaibhav Sehgal. However, on the next date of hearing, petitioner appeared in person and sought to argue the matter himself. He stated that he had been falsely implicated. Referring to various photographs, annexed as Annexure P -10, he contended that there was CCTV cameras fixed in his house. A perusal of the photographs would show that no such incident, as alleged, had taken place. He had been arraigned as an accused by the police on the complaint of a process server. He also sought transfer of instant petition from this Bench to another Bench. Learned State counsel vehemently opposed the plea. He submitted that petitioner was a history sheeter and was also involved in eleven other cases. According to him, petitioner has no respect for law and is in the habit of levelling allegations against all and sundry. I have heard the petitioner in person as well as the learned State counsel and given careful thought to the facts of the case. It is evident that investigating machinery was set into motion on the complaint of a process server of the court. Said official was deputed to effect service on the petitioner, pursuant to summons issued by a civil court at Ludhiana. Summons bearing No.6430 dated 19.3.2015, as shown in the Nazir register, were marked to him. However, when he tried to effect service, petitioner allegedly tore the summons and threw the same on face of the process server. He is also alleged to have threatened the official and uttered derogatory words against judicial officers. Besides, according to stand of the State, petitioner has been involved in eleven other cases. Details have been furnished in the form of a chart attested by the investigating officer. Same is taken on record as Mark 'A'. Contents thereof are reproduced below: -