SHIVAM SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through this petition under Sec. 482 Cr.P.C. prayer has been made for quashing FIR No.217 dtd. 20/6/2015 registered under Ss. 323, 324, 325 and 34 IPC at Police Station Sector 5, Panchkula along with all consequential proceedings arising therefrom.

(2.) Briefly, respondent No.2 lodged aforesaid FIR against unknown persons on the allegations that in the evening of 14/6/2015, when he was returning from Tau Devi Lal Stadium after his stroll, someone addressing him mad, abused in the name of his mother and sister. In turn, complainant also abused him. In the meantime, another bald person reached the spot with a baseball bat. Thereafter, all the persons playing football there, gave him fist blows. When bald person tired after beating him with the baseball bat, he handed over the bat to another younger bald person, who hit the same on his head. As a result thereof, complainant became unconscious. On regaining consciousness, he found himself admitted in Alchemist Hospital, Panchkula. His father was present there.

(3.) Learned counsel for the petitioner, referring to two previous incidents dtd. 2/4/2015 and 5/6/2015 of respondent No.2 prior to registration of impugned FIR, inter alia contends that respondent No.2 is a man of unsound mind. Petitioner was not named in the FIR. No incriminating evidence could be collected by the police against the petitioner, who is a qualified engineer having done Bachelor of Engineering in Computer Science. Even identity of the petitioner could not be established during investigation.