RAVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Ravinder Singh through present petition filed by him under S. 482 of the Code of Criminal Procedure seeks quashing of the First Information Report (Annexure P-5) and proceeding taken thereafter as also order dated 6-9-1994 (Annexure P-6) vide which sub-judicial Magistrate, Ist Class, Dasuya, charged the petitioner and others under Sections 148, 447, 448, 323 read with Sections 149 and 120-B of the Indian Penal Code.

(2.) The facts as culled out from the petition reveal that land measuring 486 Kanal 6 Marlas located at Village Sariana was owned by Smt. Kirpa Devi widow of Laxman Singh. She executed a will in favour of Daulat Ram and after her death Daulat Ram became owner of the land. After his demise, the land devolved on Kashmir Singh and others. Kashmir Singh aforesaid sold his share of land measuring 32 Kanals comprised in Khewat No. 81 to number of persons including Dev Raj and Ram Pal. This sale was in the year 1973. The vendees Dev Raj and Ram Pal, it is the case of the petitioner, were getting their land cultivated from Ram Singh and Sham Singh sons of Shankar alias Joginder. In June 1993, Jagjit Singh co-accused of the petitioner purchases land comprised in Rectangle No. 125 from Dev Raj and Ram Pal and possession of the said land was delivered to Jagjit Singh vendee. It is further the case of the petitioner that tenants Ram Singh and Sham Singh had delivered actual physical possession of the said land comprised in Rectangle No. 125 to Jagjit Singh and also executed an affidavit dated 24-6-1993 in his favour in the court of Naib Tehsilder, Talwara. Even though the possession was delivered in the manner aforesaid, it is further the case of the petitioner that Kulwant Singh husband of Daljit Kaur and others filed a civil suit on 13-5-1992 against Jagjit Singh seeking permanent injunction. A civil suit was filed against Ram Singh, tenants on the land in dispute and 12 other co-sharers. The complainant was arrayed as pro forma defendant in the said suit. Kulwant Singh also filed an application for grant of interim injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure but the Sub Judge before whom the matter came up for hearing granted only status quo. However, after filing the written statement by Jagjit Singh, the application filed by Kulwant Singh under Order 39 Rules 1 and 2 of the Code of Civil Procedure was dismissed. Dissatisfied, Kulwant Singh preferred an appeal against the order of the Sub Judge declining injunction before the additional District Judge, Hoshiarpur which too was dismissed on 5-11-1993. It requires to be mentioned that the F.I.R. subject matter of quashing before this Court was lodged by the wife of Kulwant Singh, namely, Daljit Kaur. After the appeal was dismissed by the Additional District Judge Kulwant Singh got the suit, dismissed as withdrawn on 14-12-1993. The petitioner further pleads that after obtaining an order of status quo from the learned Sub Judge, Kulwant Singh and his wife had started interfering with the possession of Jagjit Singh but when the matter was reported to the police, instead of taking action against Kulwant Singh and his wife, the police started harassing Jagjit Singh, petitioner and his co-accused. The complaint lodged by Jagjit Singh against the complainant and her husband has been placed on record as Annexure P-4. It is further the case of the petitioner that he became victim of police excesses as he had reported the matter regarding the illegal encroachment of the land that he had donated for the construction of the police quarters in the year 1965 and he had lodged a complaint before the Senior Superintendent of police, Hoshiarpur regarding illegal encroachment of said land by Dr. Prem Nath Sarpanch of Hajipur in active connivance with then S.H.O. of Police Station, Hajipur and B. M. Sharma, D.S.P. Mukerian. Prem Nath constructed wall on this land with a view to sell the same. He also obtained the earnest money to the tune of Rs. two Lacs. In the first instance the petitioner requested the S.H.O. Police Station, Hajipur and thereafter D.S.P. Mukerian for taking action against Prem Nath but when his complaints evinced no interested with S.H.O. and D.S.P., he reported the matter to the senior superintendent of Police. The Senior Superintendent of Police, Hoshiarpur immediately took action in the matter and the illegal encroachment was removed and S.H.O. was ordered to be sent to Police Lines and D.S.P. Brij Mohan was reprimanded. Petitioner further aver that both these officials felt offended and it is on account of their grudge only that F.I.R. No. 37 dated 15-8-1993 come to be registered against the petitioner and others. The petitioner clamoured for justice before Inspector General of Police (Crimes) by initiating independent enquiry but when he found that no action is being taken, he filed the present petition.

(3.) Before the matter is proceeded any further, it shall be useful to see allegations made against the petitioner in the F.I.R., the subject matter of challenge before this Court. It reads thus :-