VIPAN KUMAR KHURANA Vs. MANJIT KAUR

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 28.2.2002, rendered by the Court of Sub Divisional Judicial Magistrate, Phagwara, vide which, it acquitted the accused for the offence, punishable under Section 182 of the Indian Penal Code.

(2.) THE facts, in brief, are that Manjit Kaur wife of Avtar Singh, resident of Baddal Mohalla, Phagwara, sent a fax message to the Senior Superintendent of Police, Kapurthala. She also sent an application to the Deputy Inspector General, Jalandhar Cantt, complaining that police of Police Station of City, Phagwara, was harassing her and her family members unnecessarily. On receipt of the fax message and the application, referred to above, the Senior Superintendent of Police, Kapurthala marked the enquiry to the Deputy Superintendent of Police (Special Branch), Kapurthala. The allegations levelled by Manjit Kaur were to the effect that Vipan Khurana, President of Jai Sewa Society, Phagwara, had beaten her son Mandeep Singh, aged 12/13 years on 19.1.2000, at about 9 am and also damaged the goods ,of the shop of the complainant. When her husband came to rescue her, Vipan Khurana along with his companion had also beaten Avtar Singh, her husband and abused him. After few days, ASI Charanjit Singh got the matter compromised, with the intervention of the respectables of the town. She prayed for taking action against police officials, Vipan Khurana and his companions Deputy Superintendent of Police (Special Branch) Kapurthala, called both the parties. During the course of enquiry, DSP came to the conclusion that Avtar Singh, husband of Manjit Kaur was running a shop under the name of "Dasmesh Sound Service", near the house of Vipan Khurana. He used to play the deck in loud voice, which caused inconvenience to the inhabitants of the Mohala. The residents of the Mohalla stopped them, from doing so. They picked up quarrel with them. On 19.1.2000, one truck came to the shop of Avtar Singh for loading and unloading and the driver kept the same, in starting condition. The foul smoke entered in the house of Vipan Khurana, which was causing pollution. When Vipan Khurana asked them to stop, he was slapped by Mandip Singh son of Avtar Singh of "Dasmesh Sound Service". Vipan Khurana and Balraj Khurana gave iron rod blows, on the person of Mandip Singh, and his father Avtar Singh. No goods of the complainant were stolen, as alleged by her, in the application dated 28.1.2000.The Investigation Officer found the allegations, mentioned in the application, to be false and recommended that the same be filed and action be taken against Manjit Kaur, under Section 182 Cr.P.C. Accordingly, the calendra under Section 182 Cr.P.C. was presented against the accused.

(3.) THE prosecution, in support of its case, examined Vipan Khurana, PW1, ASI Charanjit Singh, PW2, Balram PW3, Pandit Chotelal PW4, Constable Karamjit Singh, PW5 and ASI Nirvair, Singh, PW6. Thereafter, the Additional Public Prosecutor for the State closed the prosecution evidence.