INDERJIT ALIAS RAJ Vs. JUDICIAL MAGISTRATE 1ST CLASS

JUDGEMENT

(1.) THIS is a petition filed under Section 482 Cr.P.C. for quashing the criminal complaint dated 29.10.1994, a copy of which is annexure P1 placed on record and the summoning order dated 5.12.1994, a copy of which is annexure P2 on record. Respondent No. 1 Smt. Naresh Kumari, Advocate, Civil Courts, Barnala, District Sangrur filed the said criminal complaint dated 29.10.1994 against the petitioners in the Court of Judicial Magistrate Ist Class, Barnala on the allegations, inter alia, that on 25.10.1994 she attended the Court of Naib Tehsildar Tapa in connection with the hearing of Mutation case No. 9832 of village Ugoke for and on behalf of one Makhan Singh, at Tapa, there is residence of the father's sister of the complainant who on the aforesaid date went to the house of her father's sister after attending the mutation case and at about 3.00 p.m. when she reached near a pond, the petitioners, seven in number, arrived there in a jeep No. PB-29-0670 and surrounded the complainant. The petitioner Inderjit Singh @ Raj Singh took out a revolver from his pant pocket and put the same on the temple of the head of the complainant. The petitioners Pirthi Dass and Rajinderjit Singh took out knives and aimed towards the complainant. Petitioner. Bhagwat Dass caught hold of the hair of the complainant. Petitioner Harpal Kaur and Nirmala caught hold of her arms and twisted the same towards her back. Inderjit @ Raj commanded the complainant to hand over the money and ornaments which she was having at the time of the occurrence. Petitioner Surjit Kaur @ Lajo took out Rs. 2,000/- from the purse of the complainant and also snatched a golden ring from her hand weighing about 6 mashas gold. Her wrist watch of 'Titan' make was also snatched. At the time of the commission of the occurrence witnesses Malkiat Singh, Dharampal Singh, Satpal Singh, Gurdial Singh, Jagdev Singh, residents of Village Sekha arrived there and on their intervention, the petitioner/accused left the complaintant and made their escape good from the place of occurrence with their respective weapons and the looted property. On the basis of this complainant and after perusing the statements of the complainant and witnesses, the Judicial Magistrate Ist Class, Barnala passed the order (Annexure P2) summoning the petitioners as accused under Sections 148, 149, 395 of India Penal Code.

(2.) THE petitioners are seeking the quashing of the complaint and order of summoning on the ground that a false and baseless complaint has been lodged by the respondent after making a proper planning to harass the petitioners and the respondent is out on harassing the petitioners as she has implicated them in several criminal cases. It has been specifically alleged that the respondent is a practicing Advocate and she is taking the advantage of her position in harassing the petitioners. Reference has been made to the other criminal cases. Apart from the criminal cases, the respondent-complainant has filed a civil suit in the Court of Sub Judge Ist Class, Barnala against the petitioners and two others persons. She has also initiated proceedings under Section 107/151 Cr.P.C. against all major family members of the petitioners. The witnesses who have been cited in the complainant are common in all the other cases. The witnesses are close lieu tenants of respondent No. 2. The criminal case has been filed as a result of enmity between the respondent and the petitioners. It has been alleged that the whole dispute has started between the petitioners and the respondent-complainant from the date when Shri Bhim Sain Bawa, brother of petitioners No. 1 and 2 and son of petitioner No. 1 was murdered on 31.5.1993. Petitioners No. 1 got FIR No. 70 registered on 1.6.1993 at Police Station Barnala against Mohinder Dass and others with whom respondent Naresh Kumari Bawa wife of Bhim Sain Bawa is siding at present. It was also mentioned that petitioner No. 3 had moved an application before S.S.P. Barnala, requesting for an enquiry to be conducted in the said murder case and it was also mentioned that the respondent-complainant along with Shri Gurjit Singh, Advocate, practising in Civil Court Barnala are threatening to kill the family of petitioner No. 3. Petitioner No. 3 sought action against the respondent and Gurjit Singh, Advocate. The petitioners made a number of representations and requested to different authorities for taking action against the culprits. Some news item appeared in the newspaper 'Aaj Di Awaj' dated 18.7.1994 regarding the said murder case wherein it was mentioned that the respondent-complainant Smt. Naresh Bawa and other Advocate being influential persons wanted to save the real culprits. The present complaint has been filed with a view to harass and humiliate the family of petitioner No. 3. At lest ten cases are pending in different Courts against the family of the petitioners which have been filed either by the respondent-complainant or got filed by her through some fictitious persons. The petitioners have alleged that no case is made out against them as has been alleged in the complaint. The learned Judicial Magistrate committed an error in law in summoning the petitioners in the said criminal case. The petitioners have alleged that this is a unique case where rustic and poor villagers are being harassed by filing false complaints in different Courts and same witnesses shown everywhere the this is, thus, a clear cut case of mis-use of judicial process. Inderjit Singh @ Raj filed his affidavit in respect of the petition.

(3.) NOTICE of motion was issued to the respondent-complainant who was duly served with the notice but no appearance was made on behalf of her.