RAJPAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition filed by Rajpal Singh (hereinafter described as 'the petitioner') seeking quashing of the supplementary challan filed in FIR No. 125 dated 18.3.1995 with respect to offences punishable under Sections 457/380/120-B IPC, Police Station, Jagadhri.

(2.) IT is alleged that on the night intervening 17/18.3.1995 a theft took place in the house of Smt. Krishna Wanti wife of Krishan Lal. Ashok Kumar Chawla had given an application in writing which became the basis of the first information report. It was registered with respect to the offences punishable under Sections 457 and 380 IPC. The investigation was conducted. A challan was presented against two persons namely Ravinder Kumar @ Pahadi son of Ram Chander and Brahampal Singh son of Tungal Singh. The challan was presented on 16.11.1995. While the matter was pending in court, a supplementary challan was presented against the petitioner.

(3.) IN the reply filed, the petition has been contested. It is admitted that initially challan against Ravinder Kumar and Brahampal Singh had been prepared. It was submitted in court. When Ravinder Kumar had been arrested, he made a disclosure statement that he was caught by Constable Brahampal Sigh with stolen property and was produced before petitioner Rajpal Singh. Petitioner was posted in Police Station, Brahampuri. Ravinder Kumar was let off by the petitioner. Petitioner gave some property to Constable Brahampal Singh and kept the rest of it. On basis of the disclosure statement made by Ravinder Kumar, Brahampal Singh accused was also arrested. He got recovered some stolen property. When petitioner came to know about the disclosure statements made by Ravinder Kumar and Brahampal Singh, he managed to get the remaining stolen property recovered from accused Brahampal Singh, by keeping the property in his house. Petitioner assured him to bear all the expenses in defending Brahampal Singh in court.