SURJIT KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner Surjit Kumar, son of Braham Dutt, resident of Vats Colony, Linepar, Bahadurgarh, district Jhajjar, who was a student of 10+2 class in New Era Public School, Bahadurgarh, has filed this petition under Section 482 Cr. P.C. for issuance of a direction to respondent Nos. 2 and 3 (i.e. Station House Officer, Police Station, Bahadurgarh and Incharge, Police Post, Linepar -Bahadurgarh) to register a case against the culprits, namely Attar Singh, Raghbir Singh, Naresh, Natender, Mehar Singh, Ram Niwas, Krishan, Rambir, Rama Nand, Brij Pal, Pappu, Dinesh and Bhubal. The averments made in the petition may briefly be noticed as under : -

(2.) SANT Dass and Joginder, the two real brothers of the petitioner -Surjit Kumar were married with Smt. Babita and Smt. Ram Ratti, both real first cousin sisters, in April, 1993 and April, 1994, respectively. The parents of both these ladies namely Smt. Babita and Smt. Ram Ratti started interfering in their matrimonial homes and they instigated the aforesaid ladies to demand a separate residence and mess from their parents -in -law. This demand was resisted by their husbands.

(3.) THE petitioner filed two complaints regarding two separate incidents taking place on 10 -8 -1997, wherein the accused party allegedly committed trespass into the house of the petitioner, physically assaulted the inmates of the house, took away cash and jewellery and attempted to commit the murder of the nephew of the petitioner. The first complaint wasfiledseekingregistrationoftheFIRfortheoffencespunishableunderSections. 452/384/380/148/394/395/397/398/364 IPC. The second incident is said to have taken place in the night intervening 10/11 -8 -1997 at about 2 -00 a.m. when four accused namely Attar Singh, Naresh, Mehar Singh and Bhagat Singh committed house trespass and were armed with lathis. These accused threatened the petitioner and the inmates of the house, i.e. the mother, brother and sister of the petitioner and attempted to kill the nephew of the petitioner. The petitioner prayed for registration of FIR under Sections 458/452/307/511 IPC read with Section 149 IPC. The grievance of the petitioner is that though the commission of cognizance offences was disclosed in the two complaints, the Station House Officer, Incharge of the Police Station did not register the FIR under proper sections in respect of the first incident and refused to register the FIR in respect of the second incident, though he was under statutory duty to do so under Section 154(1) Cr. P.C.