PURAN SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Prayer in this petition is for quashing of impugned orders dated 03.10.2016 and 03.06.2017 (Annexures P5 and P8, respectively) passed by the trial Court, vide which, the untraced report in FIR No. 57 dated 13.02.1997 under Sections 457, 380, 427, 506, 148 and 149 of the Indian Penal Code (in short 'IPC'), Police Station Civil Sadar, Ludhiana (Annexure P1), filed by the Investigating Officer twice, has not been accepted by the Magistrate.

(2.) Brief facts of the case are that respondent No.2 Mohan Singh got the aforesaid FIR registered against the petitioner with the allegations that he has a plot of 400 sq. yds., which he has purchased from the colonizer vide sale deed dated 14.08.1996 and a room as well as the boundary wall was constructed at the spot and the possession was taken by the complainant. One Hira Singh son of Gurbachan Singh tried to take possession of the common vacant land, which was objected by the complainant and on that account, when he was sitting with his family, one Jaswant Singh came and informed that Hira Singh and others are taking possession of the plot. When he reached at the spot, he saw that the room was demolished by the accused persons and on protest, they gave beatings to him.

(3.) The petitioner had filed CRM-M No.28874 of 2015 praying for quashing of the aforesaid FIR and on 28.08.2015, the following order was passed by this Court:-