SUKHWINDER SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This order shall dispose of Crl. Misc. No. 30303-M of 2006 and Crl. Misc. No. 49347-M of 2006, filed by Sukhwinder Singh and Jagir Singh and others, respectively, under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for quashing of challan filed by the police in DDR No. 27 dated 10.12.2004 as a cross version case in FIR No. 365 dated 10.12.2004 under Sections 302/307/148/149 IPC and Section 25/54/59 of the Arms Act, registered at Police Station Mohali.

(2.) The brief facts of the case are that on 10.12.2004, in the morning, Mehar Singh brother of petitioner Jagir Singh was alleged to have been murdered by Tarlochan Singh and Baldev Singh, when he was going to tie his animals from his house to Bara. In this regard, on the basis of statement of petitioner Jagir Singh, the aforesaid FIR No. 365 dated 10.12.2004 was registered against them and the other accused. On the same day, in the evening, on the complaint of Baldev Singh, cross version of the accused was recorded vide DDR No. 27. On an application filed by Paramjit Kaur wife of accused Baldev Singh, an inquiry was conducted by Superintendent of Police, Mohali, on the directions of Senior Superintendent of Police, in the allegations made, in DDR No. 27. After a detailed enquiry, the allegations levelled by accused Baldev Singh in the said DDR were found to be false and fabricated made with an object to take defence that the petitioners party was the aggressor. Copy of the said report is annexed with CH. Misc. No. 49347-M of 2006 as Annexure P-6. Subsequently, accused BaIdev Singh filed Crl. Misc. No. 27725-M of 2005 in this Court under Section 482 of the Code for issuing direction to the police to file challan in the cross case registered vide DDR No. 27 dated 10.12.2004. In that petition, reply by way of affidavit of Gurjit Singh, SHO, Police Station Mohali was filed, in which it was stated that in DDR No. 27 a thorough investigation was conducted at different levels and the allegations contained therein were found to be false, therefore, no challan is required to be filed by the police on the basis of the said DDR. After filing the reply, the said petition was dismissed as withdrawn on 11.8.2005 with liberty to accused Baldev Singh to file criminal complaint regarding his counter version.

(3.) Thereafter, accused Baldev Singh filed a private complaint against the petitioners for offence under Sections 307, 324, 326, 148, 149 IPC, in which vide order dated 1.11.2006, passed by Sub Divisional Judicial Magistrate, S.A.S. Nagar, Mohali, all the petitioners, except petitioner Gurpreet Singh, were summoned to face trial under Sections 326, 452, 148, 149 IPC. Copy of the order has been annexed as Annexure R-6/4.