LAL RAM Vs. JANGBIR SINGH

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (the 'Code') for quashing the criminal complaint dated May 2, 1984 filed against the petitioner-accused alleging offences under Sections 323, 325, 342 and 504, Indian Penal Code (IPC).

(2.) On a perusal of the complaint filed against the petitioner, which is under challenge in the present petition, it is found that Jangbir Singh was taken into custody on March 12, 1984. It has been alleged in the complaint that he was not produced in the Court for the next three days and was kept in illegal custody by the petitioner-accused at P.S. City, Gurgaon. Jangbir Singh was subjected to torture by the petitioner-accused. As a result of beatings, Jangbir Singh received multiple injuries. He was taken to P.S. Pataudi on March 15, 1984 where he was examined by a Doctor, who noticed 8 injuries on his body. A fracture of the bone was found in his right foot.

(3.) The present petition has been opposed by the complainant, Jangbir Singh, with the written reply that the learned Judicial Magistrate, Gurgaon, has rightly taken cognizance of the offences after looking into the evidence brought on record by the complainant. The complainant has examined himself and four other witnesses including Dr. Anil Kumar who had conducted medico-legal examination of the injuries of the complainant. Jangbir Singh was handed over to Police Station, Pataudi after causing several injuries on his body by the petitioner-accused. It is further stated that Jangbir Singh stands acquitted in the criminal case vide order of the Sessions Judge, Gurgaon, dated April 15, 1985 and that order has been upheld by this Court vide order dated April 28, 1986. It showed that the criminal case against Jangbir Singh was falsely registered by the petitioner-accused. An application filed by the petitioner-accused invoking Section 197 of the Code was rejected by the Judicial Magistrate, Gurgaon, and the revision petition filed against the said order was also dismissed by the Additional Sessions Judge, Gurgaon, on March 26, 1991. Trial was delayed as the petitioner-accused avoided his appearance in the criminal Court for about one year. Further delay took place on the filing of an application seeking protection under Section 197 of the Code.