PRAVEEN RANA Vs. STATE OF H P

JUDGEMENT

(1.) Petitioner is an accused in FIR No. 65/2014 under Section 353, 332 read with Section 34 of the Indian Penal Code, registered in Police Station, Jogindernagar, District Mandi. He is resident of village Maman (Lad Bharol) Tehsil Jogindernagar, District Mandi, H.P.

(2.) On 10.05.2014, around 1.20 P.M. he allegedly parked his motor-cycle on the road outside the shop of a barber at Lad Bharol. Complainant, who has been posted as Senior Medical Officer in Community Health Centre, Lad Bharol happens to come there with family in his car. Since, on account of parking of the motor-cycle on the road sufficient space was not available to drive the car ahead, therefore, the complainant blew horn. One boy came out from the shop and removed the motor-cycle from the road. The complainant drove the car ahead. On that day, the complainant was on night duty in the hospital. Around 9.50 P.M. one motor-cycle entered the premises of the Hospital and the motorcyclist started blowing horn loudly. After sometime, one person came to the quarter of the complainant and asked him to attend to a patient brought for treatment. The complainant accompanied the said person and proceeded towards the hospital. However, on the way another person was standing. Both persons allegedly caught hold the complainant and administered beatings. On raising alarm, they both fled away on the motor-cycle. The motor-cycle was bullet of black colour, however, complainant could not read its number, being not visible.

(3.) On the other hand, in view of the copy of the complaint lodged by the accused-petitioner to the Chief Medical Officer, Mandi at 2.00 A.M. during the night intervening 10/11.05.2014 annexed to this application, which as a matter of fact, is prior in time, as compared to the report lodged by the complainant with the police disclose entirely a different version of the episode, because as per this document the accused-petitioner had taken his ailing mother for treatment to Community Health Centre, Lad Bharol. The doctor on duty allegedly was in drunkard condition and when asked to treat his mother, the doctor slapped him. Therefore, he had to shift his mother to Civil Hospital, Baijnath. Although, record pertaining to the treatment of the mother of accused-petitioner in the Hospital at Baijnath has not been placed on record, yet, learned counsel, on instructions, submits that such record is available with the accused-petitioner. Any how, the complaint, a copy whereof is at page 6 of this petition creates a doubt qua the manner in which the incident, as per police version has taken place.