LAWS(P&H)-2016-5-537

NAFE SINGH Vs. STATE OF HARYANA AND ANOTHER

Decided On May 20, 2016
NAFE SINGH Appellant
V/S
State Of Haryana And Another Respondents

JUDGEMENT

(1.) Petitioner Nafe Singh has filed the present petition impugning order dated 4.9.2014 passed by learned Principal Magistrate, Juvenile Justice Board, Kaithal whereby respondent No.2 Gulab Singh has been absolved from notice of acquisition framed against him under Section 148, 379, 447, 285 and 336 read with Section 149 IPC in case FIR No.120 dated 8.10.2012 registered at Police Station Sadar Kaithal.

(2.) Briefly stated, on 8.10.2012, the petitioner-complainant submitted a complaint to the police that they are 5 brothers having 161/2 acres of land. He had filed a suit for his share in the land and the Khasra Girdawri of 2 acres land is in his favour. The said land has been cultivated by him and he has sown paddy crop in his land i.e. Killa No.25.

(3.) On 7.10.2012, the complainant had put the paddy crop in the said Killa after harvesting the same. At about 4.30 p.m. when the complainant was coming from Kaithal, he received a telephonic message from his son Amarjeet that his brothers Banta Singh, Tehal Singh, Dalel Singh, Falel Singh, Rattan Singh sons of Ajmer Singh, Kashmira, Jassi Lal sons of Dalel Singh, Prem, Golu sons of Pirthi, Balkar son of Falel Singh, Joginder son of Falel Singh, Gulab son of Tehal Singh (juvenile in conflict with law), Satnam son of Santa Singh, residents of village Andhali along with 7-8 other persons having Gandasi in their hands had committed theft of paddy crop from his fields in a tractor make Model Ford.