KAMAL Vs. HARJIT SINGH AND ORS.

JUDGEMENT

(1.) THE instant application has been filed under Section 378(4) Cr.P.C. for grant of leave to appeal against the impugned judgment dated 01.02.2014 passed by learned Sub Divisional Judicial Magistrate, Dera Bassi whereby learned Sub Divisional Judicial Magistrate, Dera Bassi has acquitted the accused -respondents of the charge framed against them in the complaint filed under Sections 352, 342, 148, 149 and 506 IPC.

(2.) BRIEF facts of the case are that a complaint was filed by the complainant against the accused under Sections 352, 342, 148, 149 and 506 IPC in which the complainant has averred that the complainant Kamal wife of Kanwarjit Singh is permanent resident of Street No. 2/3 Preet Nagar, Gulabgarh Road, Dera Bassi and complainant is residing in the said house being owner in possession along with her two children namely Beena and Ajay Kumar. Gurjit Singh alias Titu and his brother Harjit Singh i.e. accused persons along with their party men, namely Prem Singh, Jagjit Singh, Kala, Charanjit Singh, Amar Singh and Amritpal Singh started harassing the complainant. In fact Gurjit Singh alias Titu has a mala fide intention and he comes in a naked condition whenever the complainant comes out of her house and openly calls the complainant and says that she should become his wife, but, in fact he wants to grab the property of complainant. Husband of the complainant namely Kanwarjit Singh is N.R.I. and is living in USA and all the accused persons have formed a group and are unnecessarily harassing the complainant and her children with a mala fide intention. Earlier also accused Gurjit Singh alias Titu and Harjit Singh colluded with their family members and harassed the complainant and her children, as such, complainant lodged a report in P.S. Dera Bassi on 6.10.03 which was registered against Harjit Singh and Gurjit Singh and their family members u/s. 341, 354 etc. of IPC but, the accused persons are having some political affiliations and had formed a group to harass her and her children and are bent upon to cause wrongful loss to the complainant and her children. On 19.12.2013, at 11.00 P.M. all the accused persons came in front of the house of the complainant in form of unlawful assembly, armed with deadly weapons i.e. iron rods and brick bats and threatened the complainant to open the door of her house to fulfill their bad desire and the intention of Gurjit Singh @ Titu, his brother Harjit Singh and other accused persons. The accused persons threw brick bats on the doors of the house of the complainant and they even broke open the wire knitting of the door of the house of the complainant and used criminal force against the complainant and her children and also threatened that complainant and her daughter should come out of her house and they will forcibly remove complainant and her children with mala fide intention. The accused persons remained present in front of the house of the complainant for half an hour and did not allow the complainant and her children to move in any direction. The accused persons also gave provocation to the complainant and her children with mala fide intention to assault them as and when they come out of their house and also gave dirty abuses in the name of mother and sister to the complainant and her children. Then the complainant gave a telephone call to Gurdev Singh, her relative, who went to the police station along with his wife Ravinder Kaur, but the police came late with Gurdev Singh and Ravinder Kaur and when the police reached in front of the house of complainant, then instead of taking action against the accused, allowed the accused to run away and just caught Charanjit Singh @ Beera and Harjit Singh and took them to the police Station. The accused persons while going back threatened the complainant to teach a lesson to the complainant and to kill her and her children. The police did not lodge the complaint of complainant, but recorded DDR No. 37 dated 20.12.03 as per their own choice. The complainant and her children were even harassed earlier and they moved applications to higher authorities. Amritpal Singh is President of local Congress Unit and other accused are also members of the Congress party and as such police did not take any action against them. The police kept on assuring the complainant to take action against the accused, but they had not taken any action and finally on 24.02.04 refused to take any action against the accused and hence the present complaint was filed.

(3.) THEREAFTER , the accused -respondents were summoned to face trial for offence punishable under Sections 342, 148, 149 IPC vide order dated 24.08.2009.