PALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under Articles 226/227 of the Constitution of India for the issuance of a direction to the respondents to record first information report against Kuldip Singh and others and then to proceed in accordance with law.

(2.) THE facts necessary for the disposal of this petition are that the petitioners were constructing repairing some religious building in their village on 7-4-1995 on an authorization by the village Panchayat. Kuldip Singh and others duly armed with deadly weapons attacked and assaulted the petitioners and others. The injured persons were removed to the civil hospital, Batala, and medically examined. On receipt of information regarding the admission of the injured persons in the hospital, Assistant Sub Inspector Sukhwinder Singh, Police Station, Ghanie Ke Bangar, reached the hospital and obtained medico-legal reports of the injured. The statements of the injured could not be recorded as they were declared unfit for making statements. However, the third injured Sukhdev Singh was declared fit to make a statement. Consequently, the said A. S. I. recorded the statement of Sukhdev Singh. According to the said A. S. I. , from the statement of Sukhdev Singh read with the three medico-legal reports of the three injured persons, the commission of the offence under Sections 323/324/325/326, I. P. C. , had been established. In the police action, he further recorded that after investigation on the spot as well as from the statements of the injured persons it was found that no weapon was used in the said occurrence and the statements of the three injured persons were contradictory to each other. In this view, the matter was doubtful and consequently a report was recorded in the daily diary. According to the reply filed by the State, the matter was compromised between the parties and daily diary entry No. . 6 dated 11 -6-1995 (Annexure R. 1) was recorded. It has been further stated that the petitioners had damaged the public property and as such FIR No. 166/95 dated 23-5-1995 for the offence under Section 427,i. P. C. read with Section 2 of Prevention of Damage to Public Property Act, 1984, had been registered at Police Station Ghanie Ke Banger and in order to put pressure for the withdrawal of the said case, the petitioners have filed the present petition. Similar is the reply filed by respondents Nos. 2 to 11.

(3.) 1 have heard the learned counsel for the parties and have perused the record.