BHUPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition filed seeking quashing of FIR No. 6 dated 16-10-1993 registered at Police Station Machhiwara, District Ludhiana with all subsequent proceedings including order framing the charge against the petitioners.

(2.) THE relevant facts are that Balwant Singh was the Presiding Officer at the police station. Petitioners Bhupinder Singh and Mohinder Singh had raised objection on one lady voter namely, Avtar Kaur. They contended that she was not a voter of village Mithcwal. On interrogation it was found that she was agenuinc voter. Petitioners even raised objection over the vote of one Arvinder Singh. Even the said objection proved to be incorrect. On this both the petitioners started raising the noise. Petitioner-Bhupinder Singh snatched the ballot papers from Sohan Singh, Polling Officer and went out side. He tore them. Thereupon Mohinder Singh petitioner came on the table of the Presiding Officer and started picking up the ballot papers and tore them by putting them in his mouth. He was shouting that he will not permit the polling to continue. They grappled with Gursharan Singh and were controlled with the help of the police force.

(3.) THE learned Sub-Divisional Judicial Magistrate, Samrala on the challan being presented on 23-4-1993 held that prima facie case was drawn against the petitioners with respect to offences punishable Under Sections 171-F and 353, IPC. With respect to the said offences charges were framed by the learned Judicial Magistrate on the same day. To the same the petitioners pleaded not guilty and claimed trial.