HAMID HUSSAN Vs. SANDEEP KUAMR

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973, seeking quashing of the order dtd. 24/1/2020 (Annexure P-9) as well as the order dtd. 9/1/2019 (Annexure P-7), passed by the learned Judicial Magistrate Ist Class, Panchkula, in Criminal Complaint No. COMI/2/2019 dtd. 4/1/2019, titled as "Hamid Hussan versus Sandeep and others", instituted under Ss. 148, 149, 323, 452 and 506 of the Indian Penal Code, Police Station Raipur Rani, District Panchkula.

(2.) The complainant is a permanent resident of Village Garhi Kotaha, Raipur Rani, Tehsil and District Panchkula. A civil dispute relating to possession of a residential house and land situated in Village Garhi Kotaha was pending between Smt. Paramjit Kaur and the father of accused No.4, which ultimately culminated in a decree in favour of Smt. Paramjit Kaur and delivery of possession through execution proceedings in April 2015. It is alleged that, consequent to the said civil litigation and delivery of possession, the accused persons developed enmity and grudge against the complainant and his family. On 2/10/2015, it is alleged that accused Nos.1 to 8, forming an unlawful assembly, trespassed into the house of the complainant, assaulted him with lathis, iron rods and sharp-edged weapons, extended threats to his life, and caused injuries to him and his son. It is further alleged that the accused persons again returned in the evening hours on a motorcycle, reiterated threats, and inflicted further injuries, as a result of which the complainant had to be taken to the Community Health Centre, Raipur Rani, and thereafter to Govt. Hospital, Sector-6, Panchkula, where medical examination and CT scan were conducted. The complainant asserts that despite an initial written complaint made to the police on the same day, no FIR was registered immediately, and the police initiated only preventive proceedings. Subsequently, FIR No.126 dtd. 9/10/2015 under Ss. 148, 149, 323, 452 and 506 IPC was registered at Police Station Raipur Rani. Alleging improper investigation, the complainant asserted that the investigating agency, due to political influence and pressure, did not conduct a fair and proper investigation and wrongly left out, accused /respondent Nos.4 to 8 and only respondents/accused Nos.1 to 3 were arrayed as accused whereas respondent Nos.4 to 8 were placed in column No.2 and also Police gave up the offences under Ss. 452, 148 and 149 IPC, despite the specific allegations made in the complaint. It was further alleged that the police submitted the challan without collecting and placing on record all relevant incriminating material. Aggrieved thereof, the complainant moved an application under Sec. 173(8) Cr.P.C. seeking further investigation, however, the said application was dismissed vide order dtd. 18/10/2018. The accused were chargesheeted under Sec. 323, 506 read with Sec. 34 IPC.

(3.) All these circumstances led to the filing of the present complaint, which came up for consideration before the learned Judicial Magistrate First Class, Panchkula on 9/1/2019 for recording of preliminary evidence. The complainant examined himself as PW-1. Thereafter, the matter was adjourned for further preliminary evidence to 29/1/2019, on which date PW-2 Shahin Hussain was examined. Subsequently, the case was adjourned from time to time and, in all, four witnesses were examined at the stage of preliminary evidence.