VINOD KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking the cancellation of bail granted to respondents No. 2 and 3. It has been asserted that the petitioner's wife lodged a complaint with the Police on 10/5/2022 with the allegations that respondents No. 2 and 3 came to her house on 9/5/2022. They abused the informant and her family members. The informant entered the house and bolted the door. She narrated the incident to the petitioner and his son in the evening. She heard stones falling in her backyard on the same date at 9:30 p.m. When she went to her lintel, she found respondent No. 2 was damaging the boundary wall located in the backyard. When she asked respondent No.2 to stop, he threw a stone at her, which hit her left leg. She started crying. Respondent No.2 abused the informant and her family members and threatened to kill them. The matter was reported to the police and F.I.R. No. 28 dtd. 10/5/2022 was registered in the Police Station. The Police found after investigation the involvement of respondents No.2 and 3 for the commission of offences punishable under Ss. 451, 323, 427, 504, and 506 and read with Sec. 34 of IPC. Since the offences are bailable; therefore, respondents No. 2 and 3 were released on bail. A charge sheet was filed before the learned Judicial Magistrate, First Class, Aani, District Kullu, HP and Criminal Case No. 46 of 2022 was registered against respondents No. 2 and 3. Respondents No. 2 and 3 on 29/9/2022 at about 12:30 p.m. assaulted the petitioner by giving blows to his face. The petitioner suffered bruises all over his face and body. His two teeth were broken. The matter was reported to the police and F.I.R. No. 74 of 2022 was registered against respondents No.2 and 3 for the commission of offences punishable under Ss. 325, 504 506 and 34 of IPC. Respondents No. 2 and 3 were again released on bail despite the protest of the petitioner. The petitioner wrote various letters to the police for the cancellation of bail of respondents No.2 and 3, but no action was taken. The petitioner and his family members are under constant threats from respondents No. 2 and 3. The petitioner shifted to village Mohin to a distance of about 25 K.M from their home. Therefore, it was prayed that the present petition be allowed and bail granted to respondents No. 2 and 3 be cancelled.

(2.) The State has filed a status report reproducing the contents of the F.I.R. lodged by the petitioner's wife. It was asserted that a charge sheet was filed against respondents No. 2 and 3. Respondent No. 2 Laxmi Kant also lodged an F.I.R. No. 73 of 2022 on 29/9/2022 against the petitioner for the commission of offences punishable under Sec. 341, 323, 504 and 506 of IPC, which is pending before the Gram Panchayat Nither, and F.I.R. No. 74 was 2022 was registered at the instance of the petitioner for the commission of offences punishable under Ss. 341, 323, 325, 506 and 34 of IPC. The challan has been filed against respondents No. 2 and 3. Respondents No. 2 and 3 did not violate the conditions of notice 41(1)(A) of Cr.P.C. Since the offences are bailable; therefore, respondents No. 2 and 3 were released on bail.

(3.) A separate reply was filed by Respondents No. 2 and 3 taking preliminary objection, regarding lack of maintainability, the petition being an abuse of the law, the petitioner having not come to the Court with clean hands and F.I.R. having been lodged as a counterblast to the F.I.R. lodged by respondent No.2. It was asserted that the petition has been filed to settle the personal score and to pressurize respondent No. 2 and 3. There is a boundary dispute between the parties. The petitioner is a quarrelsome person and is in the habit of quarrelling with respondents No.2 and 3. Criminal cases are pending against the petitioner and he has concealed this fact from the Court. Nisha wife of Laxmi Kant filed a complaint against the petitioner on 10/5/2022 and rapat No. 13 was registered at her instance. The matter is pending before the learned SDM Ani. She also made a report on 16/5/2022 and Rapat No. 13 was registered. Respondent No.2 lodged an F.I.R. No. 73 of 2022, for the commission of offences punishable under Ss. 341, 323, 504 and 506 of IPC against the petitioner. However, the said F.I.R. is a counterblast to the F.I.R. lodged by the respondent. Various criminal cases against the petitioner show that he is a habitual offender. F.I.R. No.17 of 2016, F.I.R. 43 of 2017, a complaint under Sec. 107 of Cr.P.C. are pending against the petitioner and in addition to this RSA No. 419 of 2013, proceedings for eviction under the Public Premises Act and partition proceedings are pending before the Assistant Collect Nither. A false report was lodged against respondents No. 2 and 3 simply to harass them. The respondents have not violated bail conditions and a false story was concocted to implicate them. The F.I.R. was lodged by different persons and is related to different incidents. The present petition is not maintainable. Hence, it was prayed that the present petition be dismissed.