DALJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. has been filed with a prayer to quash FIR No. 198 dated 3.10.1996 under Sections 323/427/506/148/149 I.P.C. registered at P.S. Indri, District Karnal, Annexure P-3 on the complaint of Raghubir Singh s/o Sher Singh r/o Village Gudha. The FIR when translated in English reads as under :- "That on 27.9.97 my tractors Mohindra and other Eicher were running in my field at about 6.00 O'clock. The above noted accused came in my field and attacked and caused heavy damage to my tractor, quarrelled with my servants and made them to run away from the fields. My driver Balwant Singh came to me and told the whole story. I alongwith Balwant Singh and Pawan went to the fields. I saw that with the accused some other persons were also there. I do not recognise them. They were standing in my fields and one Maruti Esteem which belongs to Daljeet Singh, No. HR-01-D-0800, one Gypsy, one Bullet motorcycle and one tractor alongwith horrow were there. We have seen our tractors. The tyres were without air and lights were broken. I asked Daljeet Singh what are you doing. Daljeet Singh became angry and started abusing me, manhandled and told that he will take possession of the land today. He has come with full preparation. If I stopped him, he will kill me and my dead body will go from there. He started manhandling me and put me down. My servant Pawan Kumar got me rescied from the clutches of Daljeet Singh. Daljeet Singh asked his wife as to what she was looking for. Take out pistol from purse and kill him. Bakhtawar Singh and Jai Parkash Saini also gave lalkara that there was good chance to kill Reghubir Singh. Kanwal Nain wife of Daljeet Singh took out pistol from her purse and pointed towards me. In the meantime my neighbourer Shisha Singh resident of Village Dhamanheri whose fields are near my fields came and requested Smt. Kanwal Nain, wife of Daljeet Singh not to do all that. The accused told Shisha Singh not to interfere. Shisha Singh told them that he will not allow to happen that. Then Shisha Singh asked me to run away and accordingly I ran away from there and came to my house. When the accused passed in front of my house in their vehicles they abused me and also fired in the air.

(2.) THE petition is titled as Daljeet Singh and two others v. State of Haryana and others. It is significant to note that "others" have not been impleaded as respondents by name. Therefore, it has to be treated that the only respondent is the State of Haryana.

(3.) BOTH the sides have been heard. Record perused.