BHUPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER in this petition is for quashing of criminal complaint Annexure P -13 and summoning order dated 15.10.2012 passed by Sub Divisional Judicial Magistrate, Fazilka being illegal and contrary to law. Petitioners are police officials and alleged that husband of the complainant/respondent No.2 was a hard core criminal and was involved in number of cases under NDPS Act as well as in other offences. FIR No.37 dated 10.06.2010 was registered under Section 411 IPC in Police Station Arniwala District Ferozepur against Amarjit Singh, Angrej Singh and Harjinder Pal in respect of theft of motor -cycle. The investigation of said case was done by the police and it was alleged that Sukhdev Singh husband of the complainant/respondent No.2 was also involved. The police raided the house of Sukhdev Singh, where the respondent No.2 and her family member resisted policemen from apprehending Sukhdev Singh. Petitioners relied upon reports Annexures P -6 to P10 prepared in that context. Zimni report prepared by the Investigating Officer of the case i.e petitioner No.1 is also attached as Annexure P -11 with the petition. Complainant alleged in the complaint that her husband was not present at home. Father -in -law of the complainant was present on 27.06.2010. The Police raided the house at about 11 AM. Brother of the complainant was also present in the house. The police officials used some filthy language and alleged that the complainant has made her husband to run away and ASI Bhupinider Singh started beating the complainant with danda, resulting in fracture in left arm. Harjinder Singh allegedly gave blow on the right knee. The complainant fell down. Father -in -law came to rescue, then Kuldeep Singh (Head Constable), Joginder Singh (Head Constable) and Major Singh PGH gave fists blow and said that the complainant is a wife of thief and threatened her to be taken to Police Station. On making noise neighbours namely Bachan Singh and Sarpanch Sucha Singh attracted to the spot. The room which was locked by the complainant was opened and they took away Rs.4500/ - in cash lying in the trunk, one golden seal weighing one tola valuing 19,000/ - tied in a black thread and police party went from there, while asking the complainant to produce Sukhdev Singh failing which they all will be kidnapped.

(2.) COMPLAINANT further alleged that she was hospitalized by Rupinder Singh and others in civil hospital Fazilka where she was medically examined and X -ray was done in respect of injuries on left arm, which was found to be fracture and was plasted thereafter. Complainant also relied upon medical evidence. Police came to the hospital for recording statement of the complainant and complainant narrated the whole story. The Head Constable allegedly took signature of the complainant on blank paper after ensuring her for registration of case.

(3.) THEREAFTER , police arrested husband of the complainant in case of theft of motorcycle. Complainant also alleged that despite her constant persuasion, FIR was not registered and thereafter criminal complaint under Sections 452, 457, 380, 325, 323, 504, 506, 148, 149 IPC was filed in the Court of Sub Divisional Judicial Magistrate, Fazilka on 19.07.2010.