RAGHBIR SINGH BAL Vs. RAVINDER KUMAR BAKSHI

JUDGEMENT

(1.) BY filing the instant revision petition under Section 482 of the Code of Criminal Procedure, the petitioner has assailed the correctness and legality of the order dated 20.03.2003 passed by the learned Sessions Judge, Amritsar in the Revision Petition titled as Balbir Singh Inspector etc. v. Raghbir Singh Bal, whereby the order dated 12.01.2001 passed by the learned Chief Judicial Magistrate, Amritsar was reversed.

(2.) IN brief the facts of the case are that a complaint under Sections 323/308/325/ 355/506/331/341/342 read with Section 34 of the Indian Penal Code was filed by Shri Raghbir Singh Bal against Shri Sukhdial Singh Bhullar, DIG, Border Range, Amritsar, Ravinder Kumar Bakshi, Deputy Superintendent of Police and Balbir Singh, Inspector, SHO Police Station Civil Lines, Amritsar on the broad allegations that the complainant was posted as second in Command, 45 Bn. C.R.P.F., at Sikkim and at present was acting as Coach in NIS Patiala. His real brother S.S. Bal was also posted as Second-in-Command, 99 Bn. R.A.F., C.R.P.F., at Hyderabad. That the complainant was sent to act as an observer for the All India Inter University Athletics Meet schedule to be held at Amritsar from 29.12.1997 onwards by the Secretary namely Shri Lalit K. Bhanot of Amateur Athletic Federation of India. It is alleged that the brother of the complainant, after obtaining leave had come to reside with him at Bungalow No. 2090, Ranjit Avenue "C" Block Amritsar which was their parental home. That on the night intervening 31.12.1997/1.1.1998 at about 12.15 AM the complainant and his brother S.S. Bal had gone to purchase some sweets from Novelty Sweet Shop situated at Lawrence Road, Amritsar in connection with New Year celebration in their Maruti Car, which was being driven by their relation Lakhwinder Singh son of Khazan Singh. That on the way to Novelty Sweet shop, the car in which the complainant and his brother were travelling, was signalled to stop by the police official (whose name was lateron disclosed as Inspector Balbir Singh). The complainant and his brother had disclosed the police regarding their identity and in the meantime, two private cars had passed by their side and had gone towards Novelty Sweet shop. That Ravinder Kumar Bakshi, DSP, had also come there and the complainant and his brother had protested as to why their car was stopped and the other private cars had been allowed to go. That Ravinder Kumar Bakshi, DSP had stated that the other cars were carrying family members of police officials and that the complainant and his brother had started arguing with the DSP stating that discrimination had been done with them, because they were also officers and that a person in civil uniform had then come and had asked Balbir Singh, Inspector, as to what was going on and that the person (whose name was lateron known as Sukhdayal Singh Bhullar, DIG) had started using bad language against the complainant and his brother; that the complainant and his brother had told them that they were respectable citizens and were national players; that DIG Sukhdayal Singh Bhullar, had got infuriated and slapped complainant and his brother Sukhwinder Singh Bal and ordered the accompanying police constables to teach them a lesson; that immediately then Inspector Balbir Singh and DSP Ravinder Kumar Bakshi and other officials present there, without any fault of the complainant and his brother, had started giving them beatings and Inspector Balbir Singh had given dang blows to them; that their hands and feet were then tied with their turbans and they were made to sit in the police vehicle and were taken to Police Station Civil Lines, Amritsar; that DSP Ravinder Kumar Bakshi and Inspector Balbir Singh had come with them in the police station, whereas, Sukhdayal Singh Bhullar, DIG had followed them; that after going to the police station, Sukhdayal Singh Bhullar had abused them and when Sukhwinder Singh Bal, brother of the complainant had told him that they will take up the matter with the high official, he (Sukhdayal Singh Bhullar) had again taken a danda and had given dang blows to the complainant and his brother Sukhwinder Singh Bal. Inspector Balbir Singh and Ravinder Kumar Bakshi, DSP had caught hold of them from their long hair and their arms were tied with their turbans and then they were put under hand cuffs; that Sukhdayal Singh Bhullar had wanted and directed them to sign on blank papers, to which the complainant and his brother had refused and Sukhdayal Singh Bhullar had given dang blows to Sukhwinder Singh Bal with full force which had landed on his head and left arm and the left arm of Sukhwinder Singh Bal was fractured and he was caught hold of from his long hair by Inspector Balbir Singh and was given kick blows. He fell down on the ground and then Sukhwinder Singh Bal was made to lie with back upward and Balbir Singh Inspector and Ravinder Kumar Bakshi, DSP had given multiple dang blows on his buttocks and he had become, almost, semi un- conscious. Even then Sukhdayal Singh Bhullar had given him kick blows. It was then alleged that lateron a man with mulla-cut beard had come to the police station (lateron he was identified as a doctor), that when the condition of Sukhwinder Singh Bal and complainant was deteriorated, they were sent to Civil hospital and were medically examined by the doctor there. It was further averred that the doctor, who had medically examined the complainant and his brother in Civil Hospital, Amritsar, was in-connivance with the police and he did not admit them for treatment and he had handed over the complainant and his brother again to the police and the doctor, had intentionally shown less injuries on their person. It was then alleged that in order to escape their mis-deeds, the police had registered a false FIR bearing No. 1/1998, under Section 332 etc. of IPC against the complainant and his brother; that the complainant and his brother were admitted in the hospital under orders and directions of the court. When they were produced before the Duty Magistrate at his residence for procuring their police remand; that brother of the complainant was still lying in the hospital. It was said that in the earlier medical examination, full injuries on the person of the complainant and his brother were not given by the doctor and they were accordingly reexamined by a board of doctors of Forensic Department of Medical College, Amritsar under the orders and directions of the Court. The whole incident, as per the version of the complainant, was said to have been seen by Lakhwinder Singh son of Khazan Singh, resident of 99, Ambika Colony, Jalandhar. It was alleged that father of the complainant Shri Chanan Singh had given fax message to high C.R.P.F. officials and Smt. Sukhraj Kaur wife of the complainant had sent telegrams to the President of India, New Delhi, National Human Rights Commission, New Delhi; Center Sports Minister, New Delhi; Home Minister, Government of India, New Delhi and other authorities. It was also averred in Para No. 8 of the complaint that no sanction under Section 197 Cr.P.C. was required as per the ruling of the Hon'ble Supreme Court of India because it was not the duty of the police to give injuries to the respectable citizens without any reason. It was then mentioned in the complaint that the complainant was given Arjuna Award and Maharaja Ranjit Singh Award being the distinguished athletes of India and the accused had committed the offence detailed in the complaint.

(3.) THE learned trial court after hearing the learned counsel for the complainant and perusing the evidence and the documents brought on the record, summoned the accused to face prosecution under Sections 323/325/506 read with Section 34 of the Indian Penal Code, vide order dated 18.03.1998.