KARAMDIN MUNSHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner along with his co-accused Jagdev Singh was tried for committing the offences under Sections 353, 186, 187 read with Section 148 and 149 IPC. Vide judgment and order dated 7.3.2006 passed by the learned Judicial Magistrate, Ist Class, Fatehgarh Sahib, the accused were convicted for the offences under Sections 186, 187, 353 read with Section 34 IPC and sentenced as under:-

(2.) Aggrieved of the judgment and order passed by the learned trial Court, two appeals, one by the petitioner and another by co-accused Jagdev Singh, were filed before the learned Sessions Judge, Fatehgarh Sahib. Vide judgment dated 6.1.2009 passed by the learned Additional Sessions Judge, Fatehgarh Sahib, both the said appeals were dismissed, thereby affirming the judgment and order passed by the trial Magistrate.

(3.) The criminal prosecution against the petitioner and his co-accused, was put into motion on the basis of a criminal complaint filed by the complainant (Punjab and Haryana High Court), with the allegations that a Criminal Writ Petition No. 586 of 1997 was filed by one Jagbir Singh under Article 226 of the Constitution of India for the release of detenues in the custody of M/s G.S. Brick Kiln, situated at village Bhata, Police Station Badali, Tehsil and District Fatehgarh Sahib and accused-Karamdin Munshi of the said Brick Kiln. The said case came up for hearing before this Court on 29.4.1997 and this Court, while issuing notice of motion, had also appointed a Warrant Officer with a direction to go to the premises of the respondents therein to search for the detenues and produce them before the Court. Accordingly, a Warrant Officer was appointed by the Registrar (Judicial). Civil Misc. application was filed in the pending Criminal Writ Petition, by the counsel for the petitioner therein, wherein this Court passed the order regarding the release of the detenues therein, in case, they were found in unlawful detention. However, the Warrant Officer submitted his report that he, on having reached the premises, had served respondent No.2 therein (the present petitioner) with the warrants and apprised them of the purpose of his visit. At that time Attar Singh, Jamadar of the labour was also present there. Petitioner (Karamdin) gave in writing to the Warrant Officer that the labour had taken advance wages to the tune of Rs.1,40,000/-, but they had only worked to the extent of Rs.60,000/- wages. Attar Singh also got recorded in writing that he was to take Rs.80,000/-from the labour and that the labour in order to misappropriate the said amount, had got filed the writ petition. On the asking of the Warrant Officer, all the detenues (labour) had boarded the canter in order to leave the brick kiln premises, but at that time, Jagdev Singh, Karamdin and Attar Singh, Jamadar along with 20/25 persons of labour class, stopped the canter from proceeding ahead. Despite having been clearly apprised of the orders passed by this Court, the said persons did not desist from doing so. In this process, the taxi (canter) driver also got injured. The police tried to resolve the matter, but to no avail. In this way, the accused had obstructed and prevented the Warrant Officer from complying with the orders dated 29.4.1997 passed by this Court by use of the criminal force. Thereafter, this Court in its order dated 6.5.1997 had noticed the fact that the Warrant Officer had been obstructed by certain persons from performing his duty. The Registrar (Judicial) was, accordingly, directed to lodge a complaint with regard to this incident with the Court concerned within 7 days. Accordingly, the present complaint was filed.