RAJBIR Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) PETITIONER has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) for quashing of complaint No. 314/1 dated 7.11.2008 under Section 148, 149, 452, 323, 325, 506 of the Indian Penal Code, 1860 ('IPC' for short) (Annexure P -1) and all the subsequent proceedings arising therefrom including the summoning order dated 4.3.2010 (Annexure P -2).

(2.) LEARNED senior counsel for the petitioner has submitted that the Magistrate had directed the police to enquire into the matter under Section 202 Cr.P.C. Thereafter the Magistrate could not take cognizance of the complaint by recording preliminary evidence. In support of his arguments, learned senior counsel has placed reliance on 'Smt. Prem Hazara versus Satinder Singh Grewal,, 1985 (2) R.C.R. (Criminal) 256', wherein it was held as under: -

(3.) IN the present case, complainant moved a complaint under Section 148, 149, 452, 323, 325, 506 IPC against the petitioner and others. The case of the complainant was that on 3.11.2008, at about 8.30 A.M., a quarrel had taken place between the complainant and Vinod. Petitioner favoured Vinod and due to this reason, he (petitioner) started quarreling with the complainant. However, the matter was got pacified by the villagers. On the same day, at night, when the complainant was taking rest after meals, at about 11.00 P.M., petitioner and his co -accused entered the house of the complainant. Petitioner was armed with a jelly and gave a blow on the left arm of the complainant below the elbow. As a result of this, complainant suffered two fractures on his left arm. Accused Rakesh gave a lathi blow on the left arm of the complainant. Accused Surender gave a lathi blow on the right side of the waist of the complainant. Accused Mukesh gave fist blows on the nose and left eye of the complainant. Complainant approached the Magistrate with a request that FIR be got registered against the accused and the case be duly investigated.