KASIM DEEN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The accused-petitioners have come up before this Court by filing the present petition under Sec. 482 Cr.P.C., for quashing of the above captioned FIR.

(2.) On 27/4/2018, Civil Hospital, Tissa, District Chamba, informed the police Station, Tissa that the persons injured in assault have been brought there. Upon that information, Additional SHO of Police Station, visited Civil Hospital, which was at a distance of six kilometers. On reaching the Hospital, the Additional SHO, recorded the statement of Yaseen (respondent No.2) under Sec. 154 Cr.P.C. The complainant alleged that he is an agriculturist by profession and at 4.00 p.m., when after working at his fields, he along with his father Ali Mohd., respondent No.3 and mother Amina respondent No.4, were sitting on the slab of their house, Kasim Deen (A-1/P-1), Shamsh Deen, Kayum Khan (A-5/P-6), Shafi Mohd., (A-4/P-4), Manjoor (A-2/P-2) Hanifa, Praveen, visited their house with a common intention.

(3.) On reaching there, without any rhyme and reason, they started giving beatings to them. Shafi Mohd., (A-4) and Shah Deen (A-3) caught hold of Ali Mohd., and Kayum Khan (A-5), who was carrying spade, hit Ali Mohd., on his head with the same. Remaining persons gave beatings to the complainant and his mother Amina with fists and kicks. Shafi Mohd., and Shah Deen, who were carrying sticks gave beating with it. While beating they took them to their fields. On hearing their shrieks, number of people assembled there. Villagers namely Mohd. Rafiq and Ayub Khan, saved them from their clutches. The complainant further alleged that the aforesaid people with their common object have given beatings to them and sought action. This statement was recorded and signed by the informant. Based on this information FIR captioned above was registered in the police Station.