JASVIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have prayed for quashing of FIR No.54 dated 23.04.2015 for the offences punishable under Sections 323, 324, 506, 34 of the Indian Penal Code ('IPC' for short), registered at Police Station Mukerian, District Hoshiarpur and all the subsequent proceedings arising therefrom.

(2.) Brief facts of the case are that respondent No.2-complainant Aman Kumar got the aforesaid FIR registered against the petitioners with the allegations that the complainant is a Teacher in Govt. Elementary School, Harsa Mansar, District Hoshiarpur. On 22.04.2015, after marking the attendance in the school, he had gone to the office of Block Primary Education Officer, Talwara for getting signatures on the salary bills, when Madam Parminder Kaur gave message on his mobile phone that the orders are issued in favour of accused-petitioner No.1 Jasvir Singh for taking charge of the school. On this, he asked Jasvir Singh on mobile phone to have a word with Block Primary Education Officer and petitioner No.1 started abusing him on the mobile phone. The wife of Jasvir Singh, petitioner No.2- Kulwant Kaur is also a Teacher in the school. When the complainant returned to the school, both Jasvir Singh and his wife gave him threat to shunt him out the school. When the school time was over, the complainant was standing outside the school, then both the accused persons came there and after stopping the car, Jasvir Singh caught hold of him from his neck and gave a kirch blow on his hand and Kulwant Kaur gave two danda blows, which hit on his back. Upon raising voice, accused ran away from the spot.

(3.) Learned counsel for the petitioners submits that the petitioners, who are themselves Teachers in the same school, gave a representation dated 26.11.2011 to the Senior Superintendent of Police, Hoshiarpur to conduct an inquiry, as they have been falsely implicated by the complainant, a co- Teacher, as he could not tolerate that being senior, the charge of the salary was given to Jasvir Singh. It is further submitted that the inquiry was conducted by Assistant Superintendent of Police, Dasua and during the inquiry, ASP recorded the statements of six witnesses from the petitioners' side and 09 witnesses from the complainant's side and on appreciation of the statements, recording the following conclusion: -