PAWAN KHARBANDA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition has been preferred under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking quashing of cross- case/DDR No.22 dtd. 5/6/2012 registered under Ss. 323, 34 of the Indian Penal Code, 1860 (for short 'IPC') (Ss. 307, 382, 148, 149 of IPC were deleted later on), in FIR No.119 dtd. 5/6/2012 under Ss. 323, 324, 326, 506, 534 of IPC, registered at Police Station Salem Tabri, Ludhiana and all the subsequent proceedings arising therefrom as well as the order dtd. 21/8/2024 (Annexure P-9) passed by learned Judicial Magistrate 1st Class, Ludhiana, whereby the cancellation report was rejected and the matter was sent back for re-investigation.

(2.) Brief facts of the case are that on 5/6/2012, when the petitioner was putting posters for promotion of his sister-in-law, who was contesting elections for the post of Councilor, then Satish Kumar, Pradeep Naagar and Shelly stopped him and raised lalkara, stating that no one else can contest elections in their ward. Thereafter, Vinod Kumar Noda and Bittu etc., armed with swords, baseball bats and sticks, came at the spot and they started beating the brother of the petitioner, namely Vinod Kharbanda as well as his cousin, namely Pawan Taneja. On coming to know about the incident, the complainant along with his brother Kishan Kharbanda reached at the spot. Satish Naagar gave a sword blow, that hit the head of Kishan Kharbanda and another blow to the elbow and arm of Vinod Kharbanda. When an alarm was raised to rescue them, the assailants fled away from the spot with their respective weapons. Thereafter, Vinod Kharbanda, Kishan Kharbanda and Pawan Taneja were got admitted in DMC Hospital, for treatment. With these allegations, FIR (supra) was registered.

(3.) On the other hand, Satish Naagar, accused in FIR (supra) got registered a cross-case vide DDR (supra), alleging that when they reached Sarpanch street, the petitioner and 20-25 other persons abused them and hit them with sticks and kirpans. The petitioner gave a pistol butt blow on the head of Satish Naagar and also fired bullet shots towards him.