DAVINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this order I shall be disposing of two Criminal Miscellaneous Petitions 22273-M and 27894-M of 1997 as the matter involved in these petitions is identical in nature.

(2.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for issuing a direction to the respondents 1 to 3 to registar a criminal case against respondents 4 to 7 under Sections 365/367/384/387/506/342/347 read with Section 34 of the Indian Penal Code.

(3.) Petitioner's contention is that he is son of Surinder Kumar Jain, a deed writer, and Bajrang Lal Surinder Kumar Jain's sister's son, is also a deed writer. On 28-8-1997 Mani Ram son of Mamu Ram came to Bajrang Lal in Tahsil premises, Hansi, as he wanted to purchase stamps of Rs. 20,000/- for getting the sale deed executed and registered. For that purpose, he was to deposit this amount of Rs. 20,000/- with the State Bank of India, Hansi. On the insistance of Mani Ram, Surinder Kumar sent the petitiioner with an amount of Rs. 20,000/- given by Mani Ram to deposit the same in the State Bank of India. Petitioner along with Bajrang Lal went to the State Bank of India to deposit the aforesaid amount, but as the Bank employees were on strike, the amount could not be deposited. When the petitioner and Bajrang Lal were coming back, on their way, their Rickshaw went out of order; therefore, they were coming on foot. A Tata Sumo, white colour, without any number plate, stopped near them. Mahendar, Partap, Satbir, Jaibir and four five other persons came out of the vehicle and surrounded the petitioner and Bajrang Lal, they snatched the petitioner's gold chain and an amount of Rs. 20,000/- plus Rs. 70/- from the petitioner's pocket along with challan form. They all forcibly took Bajrang Lal, made him sit in Tata Sumo and left the place. Ravinder Kumar also saw this incident. Petitioner along with Ravinder Kumar came to Surinder Kumar Jain and apprised him of the incident, at 1.45 noon. They searched for Bajrang Lal, but could not trace him. The petitioner sent telegrams to the Prime Minister of India, Home Minister of India, Chief Minister, Haryana, Director General of Police, Haryana, Superintendent of Police, Hisar, Deputy Superintendent of Police, Hansi and the Station House Officer, City Hisar, copies of which are Annexure P-1 to P-7. He also filed an application (Annexure P-8) before the Station House Offficer of Police Station, Hansi.