SARAN DASS CHELA BASANT MUNI Vs. RAM SINGH

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure (for short the Code') for quashing the order dated 11-12-1995, passed by the Additional Sessions Judge, Barnala, whereby the order dated 8-9-1995, passed by the Judicial Magistrate, Barnala, dismissing the complaint of the petitioner has been affirmed.

(2.) THE facts necessary for the disposal of this petition are that on 5-12-1994, First Information Report No. 106 was registered at Police Station, Tappa, under Sections 302/364/471/468/467/120-B/34, Indian Penal Code, on the basis of a statement made by one Kaur Singh son of Kaka Singh, resident of Dhurkot, against five persons i. e. Ram Singh, his three brothers and Gurdev Singh, Lambardar of village Sanghera. According to the allegations in the first information report, one Basant Muni being the Mahant of a Dera was proprietor of a piece of land measuring 18 kanals, situated in village Dhurkot, which was being cultivated by Hardam Singh on bataj. Hardam Singh changed his name as Baldev Muni. About 3/4 years prior to the occurrence, difference developed between Basant Muni and Baldev Muni, Hardev Singh and his three brothers entered into a conspiracy with Gurdev Singh in the year 1991. In pursuance of the said conspiracy, Dhanna Singh impersonated Basant Muni, fabricated his thumb impressions and suffered a decree in respect of the said piece of land. In July 1991, Kaur Singh was present at the Bus Stand of village Rureke Kalan, where Hardam Singh, Ram Singh, Bhola Singh alongwith Mahant Basant Muni were present. On arrival of the bus, he along with Hardam Singh and others boarded the same and reached Bus Stand, Tappa, Hardam Singh and others alongwith Basant Muni went to Railway Station, Tappa. On the same day, Bhola Singh came back to Dhurkot and told that he had sent Ram Singh, Hardam Singh and Mahant Basant Muni to U. P. and Ram Singh and Hardam Singh would come back only after doing away with Basant Muni. After about 2/ 3 months, Hardam Singh and Ram Singh came back to the village but Basant Muni was missing. A search was made for Basant Muni but in vain. He expressed a doubt that Hardam Singh and Ram Singh, residents of Dhurkot had taken Basant Muni with intention to murder with a motive to grab his 18 kanals of land. On the basis of this statement, the present case was registered under Sections 364/467/468/471\120-B/34 and 201, Indian Penal Code, against five persons stated above. After Investigating the same a charge-sheet for the offences including an offence under Section 302, Indian Penal Code, was filed in the Court. The case has been committed to the Court of Session and all the five persons mentioned above are facing trial.

(3.) AFTER hearing the counsel for the complainant, the Judicial Magistrate, by order dated 8-9-1995, dismissed the complaint on the grounds that the case was not covered by Section 210 of the Code, that he had already taken cognizance of the offence on the police report and a complaint for the same offence was not maintainable. Feeling aggrieved, the petitioner went to the Sessions Court in revision but the Additional Sessions Judge, by the impugned judgment, dismissed the same affirming the view expressed by the Judicial Magistrate. As such, the petitioner has invoked the inherent jurisdiction of this Court under Section 482 of the Code.