DALBIR SINGH @ CHEELU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 438 of the Code of Criminal Procedure for release of the petitioner in terms thereof in a case registered vide FIR No.52 dated 16.9.2009 under Sections 365/323/148/149 ( 384, 325, 506 added later on) IPC, at Police Station Koom Kalan, District Ludhiana.

(2.) The petitioner is facing the allegations of having caused injuries to the complainant when he along with other persons armed with iron rods, kirpans and baseball bats had assaulted him. In the process they had also taken away the mobile phone, gold ring, wrist watch and Rs.1,000/- of the complainant.

(3.) Learned counsel for the petitioner states that there is a monetary transaction in the shape of loan advanced to the complainant by the petitioner. He contended that he has been falsely implicated and even if all the allegations are taken to be correct, he was merely said to be armed with an iron rod but has not been attributed any injury. He further states that the allegations and the manner of occurrence sought to be projected by the complainant is highly improbable.