MANOJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant has preferred the instant appeal against judgment dtd. 2/3/2023, passed by learned Additional Sessions Judge, Ludhiana, vide which accused/ respondents No.2 to 4 have been acquitted.

(2.) The present FIR was registered on the statement of complainant Manoj Kumar and after completion of investigation, challan was presented against the accused on 28/2/2008. However, before presentation of challan, the complainant also filed his private complaint on 3/9/2007 and the said complaint was posted for preliminary evidence. After taking preliminary evidence, the learned Court passed the summoning order. However, vide order 1/9/2016 passed by learned Additional Sessions Judge, Ludhiana, the said summoning order in which accused were summoned, was set aside. The complaint file was segregated and consigned to record room, as the state case was already pending. However, vide order dtd. 4/4/2017 passed in CRM-M 431-2017, titled as 'Manoj Kumar Vs. Yashpal and others', this Court directed the trial court to proceed with both the cases, while considering that both the cases were instituted on a police report. This Court in the said order also observed that the sum and substance and principle behind Sec. 210 Cr.P.C. is to avoid multiplicity of proceedings and rule out the possibility of conflicting judgments. This Court in fact set aside the order dtd. 1/9/2016 passed by learned Additional Sessions Judge, whereby the summoning order was set aside. In the light of order passed by this Court, the complaint case file was summoned and it was observed that there was no need to alter the charge and the application dtd. 31/10/2022 moved by the applicant for alteration of charge was dismissed and both the State case and complaint case were ordered to be clubbed together.

(3.) The present case was registered on the statement of complainant Manoj Kumar alleging that he was running a Floor Mill which was taken on rent from Yaspal and Gulshan Kumar (accused) and he was also regularly paying rent and also paying bill of electricity consumed by him. On 15/8/2007 he talked with Yashpal and Gulshan regarding the sale and purchase of premises in which Floor Mill was running. He was ready to pay Rs.5,00,000.00 but Yashpal and Gulshan were demanding Rs.12,00,000.00and the said amount was out of his reach. Both accused gave him time of 10 days to vacate the premises. Thereafter, he filed civil suit in which stay was granted by the Court on 21/8/2007. On 28/8/2007 when the complainant alongwith his younger brother Sanjay came to close their shop and when they were just to proceed after closing the Floor Mill, accused Yashpal caught hold him from his neck and demanded the keys of the said premises. Goldy and Yashpal had reached at the spot in Santro car bearing No. PB-10-BE-1665 and gave fist blow on his chest. Yashpal slapped him and when he refused to handover the keys. There were two other persons with Gulshan Kumar who on seeing the gathering of people fled away from the spot. When he raised alarm, Varinder Kumar Koffy, Randhir Singh, Councilor, Ravi Kumar and Bittu came at the spot. They caught hold of him from his collar and scuffled with him. On the basis of this statement, the present FIR was registered. In due course, the accused were arrested. On completion of investigation and other formalities report qua accused was submitted before learned Area Magistrate as required under Sec. 173(2) of Cr.P.C.