MANGE RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) MANGE Ram, petitioner, seeks the quashing of the impugned order dated October 18, 1977, Annexure P-4 whereby the learned Additional Sessions Judge, Kurukshetra, had discharged Dharam Pal, respondent No. 2, against whom a calendra under section 182 Indian Penal Code, was presented.

(2.) THE facts culiminating into the present revision petition briefly stated, are that on February 2, 1996 Dharam Pal got recorded first information report with the police, that his elder son, namely Jagmohan, aged 17 years, and a student of 10th class is missing since December 19, 1995. He tried to trace him, but could not locate him. Panchayats were also convened which were attended by several persons but Ram Sarup, Mange Ram and Ashok Kumar were conspicous by their absence and they had not attended the panchayats. Thus Dharam Pal suspected that his son had been killed by them or they had concealed him at some unknown place. All the three were arrested on February 12, 1996. On February 24, 1996, Jagmohan was found on a S.T.D. Telephone Booth, at Zirakpur. He was brought by Head Constable Pawan Kumar from Zirakpur. The boy stated that he had gone there of his own accord. It was found that Dharam Pal tried to involve these persons due to party faction in the village and the case was cancelled and as a consequence thereof a calendra under section 182, Indian Penal Code, was prepared against Dharam Pal.

(3.) I have heard Mr. Pritam Saini, counsel for the petitioner and Mr. Vijay Dahiya, Assistant Advocate General, Haryana, representing the State- respondent.