GARIB DASS Vs. THE STATE OF PUNJAB, ETC.

JUDGEMENT

(1.) THIS is a petition made under Section 482 of the Code of Criminal Procedure by Garib Dass son of Kapur Chand, resident of Ber Majra, Tehsil Rajpura, district Patiala, to quash the order dated February 22, 1975, of the Additional Judicial Magistrate, 1st Class, Rajpura, whereby he summoned him to face trial along with other accused under Sections 326/34 and 325/34, Indian Penal Code.

(2.) THE facts of this case are that on May 8, 1974, at 10.15 p.m., a case F.I.R. No. 13 under Section 324/34, Indian Penal Code, was registered at Police Station Lalru, Tehsil Rajpura, District Patiala, at the instance of Gurdev Singh, Respondent No. 2, against Gian Singh son of Mangal Singh, Surjit Kaur wife of Mangal Singh and Dyal Kaur daughter of Mangal Singh, residents of Ber Majra, Respondents Nos. 3 to 5. The Petitioner was not in village Ber Majra on May 8, 1974, and he was present at Patiala in connection with a case pending in the Court of the Senior Sub -Judge, Patiala. It is alleged that his name was falsely mentioned in the first information report by Gurdev Singh Respondent at the instance of Bakhtawar Singh, Sarpanch of the village, who is the main eyewitness in the case on account of political rivalry with a view to harass and humiliate him. An election petition pertaining to the election to the village Panchayat has been filed by the Petitioner against Bakhtawar Singh and the same is pending before the Sub -Divisional Officer, Rajpura. Bakhtawar Singh was the Cashier of this society previously and he had misappropriated certain amounts and both Bakhtawar Singh and Gurdev Singh Respondent No. 2 were arrested at the instance of the Petitioner for not paying the loan amount due to the society. The investigating Officer found the Petitioner to be innocent and did not arrest him. The investigation was verified by the Deputy Superintendent of Police and he also found him innocent. The report under Section 173 of the Code of Criminal Procedure was submitted by the Station House Officer, Police Station Lalru, on June 18, 1974, in the Court of the Judicial Magistrate wherein the Petitioner was shown in Column No. 2, while Respondents Nos. 3 to 5 were challaned under sections 324/34, 326/34 and 452/34 Indian Penal Code. The Additional Judicial Magistrate 1st Class, Rajpura, framed the charges against Respondents Nos. 3 to 5 on October 28, 1974, under sections 326/34, 324/34 and 323/34, Indian Penal Code. The case was then adjourned for the prosecution evidence to 9th of December, 1974 and Smti. Dial Kaur was not present on that day. The evidence of the prosecution witnesses was not recorded on December 9, 1974, and the case was then adjourned to December 21, 1974. Dial Kaur appeared on the latter date and then the case was adjourned for the prosecution evidence to February 17, 1975. On February 17, 1975, Gurdev Singh made an application that Garib Dass Petitioner had also caused injuries to him on the day of the occurrence along with the other accused and he should also be summoned and tried along with the other co -accused. The Magistrate adjourned this case for consideration of this application to February 22, 1975, and on that day after hearing the counsel for the parties he passed the following order:

(3.) SECTION 482 of the Code of Criminal Procedure lays down that nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. The inherent power of the High Court under this section can be exercised to quash proceedings of a case or quash the order passed without jurisdiction by a Court to prevent the abuse of the process of the Court.