KALU @ SHER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) - FIR No. 86 of 1990 has been registered against the petitioners at Police Station Ding, District Sirsa, for the offences under Sections 285/506 of the Indian Penal Code, 25/54/59 of the Arms Act and Sections 5/6 of the Terrorists and Disruptive Activities (Prevention) Act, 1985 (hereinafter referred to as TADA). The complaint is given by respondent No. 3 viz Om Parkash son of Het Ram, as a result of which the FIR has been registered. The translated version of the complaint is reproduced as under :- "To the SHO, P.S. Mandi Ding. It is submitted that I have been cultivating since many years ago the land of Sher Singh alias Kalu Ram son of Chanan Singh caste Arora Sikh, resident of Mandi Ding, but the girdawari is by way of fraud in the name of Sher Singh @ Kalu. Now for this time he wanted to get the possession of the land. On the intervening night at about 9.00 p.m. I went to the fields and saw that Sher Singh @ Kalu and two other young persons were present in the field. I asked that as to who they are. On this Sher Singh @ Kalu said that they are the owners of the fields. On this account there was a tiff between us. On hearing our commotion Ram Kumar son of Chuni Lal came there and in his witnesseth Sher Singh @ Kalu fired in the air and reloaded the pistol. In the meanwhile the neighbourers collected there. On this Sher Singh @ Kalu said that today myself is saved and threatened that if I will again enter the fields he will shoot him dead and will conceal my dead body and that will not be known to anybody and they went away from the fields. We also concealed ourselves on account of the fear. It is prayed that our case may be registered. The accused Sher Singh @ Kalu Ram etc. be got punished. Applicant Om Parkash S/o Het Ram, Village Ding, Dated 28.7.1990"

(2.) PETITIONERS have filed this petition for quashing the FIR and the subsequent proceedings arising thereto. The contention of the petitioners is that they are tenants in the shop situated at Bhadra. The landlords had filed eviction application against the petitioners which was dismissed by the Rent Controller and, thereafter, the landlords filed an appeal before the learned Additional District Judge, Nohar, District Ganganagar. That appeal was also dismissed. After dismissal of the appeal, the landlords started threatening the petitioners and to dispossess them at all costs. The petitioners were, therefore, forced to file an application for temporary injunction (copy Annexure P-10). They have also contended apprehension of false involvement in criminal cases by the Police Station Ding. The petitioners moved an application under Section 438 of the Code of Criminal Procedure (hereinafter referred to as the Code) before the learned Additional Sessions Judge, Sirsa, who was pleased to grant anticipatory bail to them with a direction of giving at least four days prior notice to them, in case of their arrest (copy Annexure P-5 and P-6). The order Annexure P-5 is dated 6.4.1990. The FIR Annexure P-1 was registered on 28.7.1990.

(3.) THAT Om Parkash (complainant) and Sham Sunder are brothers-in-law of Radhey Sham (respondent No. 4), who was at the relevant time Officer on Special Duty attached to Hon'ble Chief Minister, Haryana and it is alleged that this Radhey Sham wielded influence on the SHO, Police Station Ding for getting the petitioners ousted from the rented premises. In para 8 of the petition, it has been averred as under : "That the perpetrator of the whole show is Om Parkash son of Bhajan Lal caste Mahajan Aggarwal, resident of Bhadra and his brother-Sham Sunder, their mother-Smt. Savitri Devi and another brother Chetan Kumar, their relations Sajjan Kumar son of Naurang Lal, Chindu son of Naurang Lal as there is an old litigation between the petitioners and these persons, who are the landlords of the tenancy under whom the petitioners are tenants in a shop situated in Bhadra."