NEERAJ GUPTA Vs. PARDEEP KUMAR BANSAL

JUDGEMENT

(1.) complainant Neeraj Gupta and accused Narinder Bansal, respectively to challenge the impugned order dated 5.4.2011 whereby the Addl. Sessions Judge, Chandigarh proceeded to frame charge against accused Narinder Banal for the offence punishable under Section 302 IPC and at the same time the co-accused Pardeep Kumar and Gurmail Singh were discharged. The complainant has challenged the discharge of respondents No.1 and 3. In the Crl. Misc. petition, besides challenging the order framing charges, accused Narinder Bansal has prayed for quashing of the complaint No.2516 dated 9.2.2008 (Annexure P-1) and the summoning order dated 8.12.2009 (Annexure P-2). The prosecution launched by Neeraj Gupta arises from a complaint case.

(2.) The brief facts leading to the present petitions are noticed from CRR No.993 of 2011. Complainant Neeraj Gupta brought a criminal complaint (Annexure P-1) against the accused persons, namely, Pardeep Kumar, Narinder Bansal and Gurmail Singh, wherein a prayer was made to refer the complaint under Section 156(3) Cr.P.C. to the SHO, P.S. Sector 34, Chandigarh for registration of FIR against the accused and for investigation. According to the complainant, the accused had committed an offence punishable under Sections 302/34/506/120-B IPC.

(3.) It was alleged in the complaint that the father of the complainant (Sh. Lal Chand Gupta) was actively assisting the complainant in his photoframe business in the name of M/s Gift 34, Booth No.150, Sector 34-C, Chandigarh. The accused persons were also carrying on their business activities at the same market. Accused No.1, namely, Pardeep Kumar Bansal was the President of the Market Association, Sector 34-C, Chandigarh for the last 10 years who was requested by the father of the complainant to call for a meeting of Market Association to disclose the financial records and other affairs of the Association, which annoyed the accused persons. According to the complainant, on 2.6.2006, accused-respondent No.3 Gurmail Singh in conspiracy with accused-respondents No.1 and 2 had a quarrel with the father of the complainant and raised his hand to beat him. The matter was reported to the Chairman of the Market Association and the accused-respondents felt sorry for the same and also gave a written undertaking to that effect. However, they continued harassing, torturing, abusing and humiliating the complainant and his father. It was narrated that the complainant had disclosed the accused persons about his father who was a patient of hypertension and upon provocation, his blood pressure rises abnormally. Thereafter, on 12.4.2007, when the complainant and his father were present at their shop, at about 11.00 a.m., accused-respondent No.2 Narinder Bansal made ugly gestures and passed filthy remarks against the father of the complainant which was objected to by the complainant and his father and accused-respondent No.2 started hurling abuses to both of them. Accused-respondents No.1 and 3 also joined him and used filthy language. Thereafter, the accused-respondents came towards the shop of the complainant and caught hold of the complainant and shouted that they will teach a lesson to him and his father. The accused-respondents slapped the complainant and provoked father of the complainant. However, the father of the complainant tried to pacify them and to stop fighting. Then accused-respondent No.2 gave a violent push to the father of the complainant with an intention to harm and kill and he fell down and became unconscious. The father of the complainant was rushed to Mukat Hospital, Sector 34, Chandigarh wherein he was declared 'brought dead'. According to the complainant, the accused had intentionally and knowingly provoked the father of the complainant by using abusive language with an intention to kill him.