LAWS(P&H)-2019-3-136

NARENDER YADAV Vs. STATE OF HARYANA

Decided On March 13, 2019
NARENDER YADAV Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Prayer in this petition is for quashing of FIR No.107 dtd. 8/6/2016 under Ss. 325, 341, 506, 34, 120-B IPC, registered at Police Station Rampura, District Rewari and all the subsequent proceedings arising therefrom.

(2.) Brief facts of the case are that respondent No.2-complainant got the aforesaid FIR registered with the allegations that on 7/6/2016, he along with his son Surender Singh had gone to District Courts, Rewari, as the judgment was to be pronounced in their case on that date. In the evening, both of them were going back to their village on the motorcycle bearing registration No.HR-43B-8014. When they reached near the boundary of RBS School, all of a sudden, 05 boys came on two motorcycles and intercepted their motorcycle by stopping in front of them. Out of these boys, one boy was Dharmender son of Suraj Bhan, resident of Sham Nagar and he took an iron rod and started beating the complainant, while he was sitting on the motorcycle. On seeing this, his son ran away from the spot and all the five boys gave fist and kick blows and then accused persons ran away from the spot.

(3.) After completing the investigation, police submitted the challan under Sec. 173 Cr.P.C. and found that as per the MLR, the injured suffered three injuries on upper lip and loss of teeth. Thereafter, Dharmender son of Suraj Bhan was arrested and the motorcycle was recovered. Co-accused Mohit son of Karan Singh and Bikesh son of Bijender Singh were also arrested later on and another motorcycle was recovered from Bikesh. Thereafter, petitioner Narender Yadav son of Satbir Singh was also arrested. However, in this report under Sec. 173 Cr.P.C., it is not mentioned how the petitioner was involved in the present FIR. Learned senior counsel for the petitioner has submitted that the petitioner and his father are practising lawyers at Rewari and in a case titled as Komal Vs. Dharmender, they are appearing for Dharmender, co-accused and Komal is daughter-in-law of present complainant Birender Singh.