SULAKHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) - The petitioners, by way of this petition under Section 482 of the Code of Criminal Procedure seek quashing of FIR (Annexure P-2), order framing of charge (Annexure P-3) and the charge sheet (Annexure P-4).

(2.) A case under Sections 148/149/307/302/323, Indian Penal Code and 25/27/54/59 of the Arms Act was registered against 17 persons at Police Station, Tohana on the statement of Paramjit Singh (petitioner No. 3) vide Annexure P-1. Four persons were not Challaned by the police as a result of which petitioner Paramjit Singh filed an application under Section 193 of the Code of Criminal Procedure for summoning them. However, the learned Sessions Judge, vide order dated 9.3.1996 ordered the summoning of two persons, namely, Zora Singh and Darshan Singh and declined to summon the remaining two, namely, Lakhwinder Singh and Satinder Singh. It has been alleged in the petition that the police, in connivance with the opposite party, registered a cross case on the statement of Zora Singh (respondent No. 2) vide F.I.R. Annexure P-2. The learned Sessions Judge ordered the framing of charge vide his order dated 7.3.1996 (Annexure P-3) and the charge was framed vide Annexure P-4. According to the petitioners, no prima facie case is made out against them as the dispute was regarding possession of land of Gram Panchayat which was in possession of the petitioners and the Civil Court had confirmed the order of status quo on 21.12.1995 which was granted earlier on 3.5.1995, in favour of the petitioners.

(3.) I have heard Mr. Mani Ram, Advocate, learned counsel for the petitioners, Mr. U.K. Agnihotri, Advocate, the learned counsel for the State and Mr. Hemant Bassi, Advocate, the learned counsel for respondent No. 2.