RAMESH Vs. JAI BHAGWAN

JUDGEMENT

(1.) Present petition under Section 482 Cr.P.C. is directed against the order dated 11.10.2013 (Annexure P/2) passed by learned Judicial Magistrate Ist Class, Sonepat and order dated 12.02.2014 (Annexure P/3) passed by learned Additional Sessions Judge, Sonepat.

(2.) Facts relevant for the purpose of decision of the present petition; that a complaint was filed under Sections 323, 427, 500 and 506 of IPC, Police Station Kharkhoda against six accused persons. Out of them Kaushal Kumar Zeledar, Irrigational/ Canal Department, Jai Bhagwan Halka Patwari Canal Department and ASI Devener Singh, Police Station Kharkhoda, District Sonepat, arrayed as accused Nos. 4 to 6, are all public servants. As per the complaint (Annexure P/1) on 22.01.2018 all the above said accused persons in connivance with police, Ziledar and Patwari forcibly entered the fields wherein complainant - Ramesh Kumar had sown the crop of wheat and the accused uprooted the wheat crop. When they were asked the reason for doing so, the accused persons threatened to implicate them in a false case. No prior information was given by these officials before entering their fields. When the above said accused persons were opposed, they gave beatings and threatened to push them behind the bars. Thereafter, the complaint was filed before the police but no action was taken. As such, the present complaint before the Court.

(3.) Learned Magistrate after considering the material and evidence available on the file, came to the conclusion that there was no evidence on record to show that accused No.4 - Kaushal Kumar Zeledar, Irrigational/ Canal Department, No.5 - Jai Bhagwan Halka Patwari Canal Department and No.6-ASI Devener Singh, Police Station Kharkhoda, District Sonepat had committed any offence as alleged in the complaint. They are public servants and there is no prima facie evidence on record to show that these persons have done anything beyond their official capacity or have exceeded their jurisdiction. However, remaining accused Nos. 1 to 3 were ordered to be summoned for commission of offence punishable under Sections 323, 427 and 506 of IPC.