MOHINDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) In the present petition preferred under Section 482, Code of Criminal Procedure, while seeking the quashing of F.I.R. No. 213 dated 9.4.1994 of Police Station, Una, the following the questions have been raised, namely: - (i) that the criminal proceedings pending before the learned Judicial Magistrate 1st Class (II), Una on the basis of F.I.R. No. 213, of 1994 vide Criminal Case No. 45 -1/96 State v. Mohinder Singh and others, are time -barred under Section 468, Code of Criminal Procedure, 1973; and (ii) The petitioner being in active service of Indo -Tibetan Border Police Force is not amenable to the jurisdiction of ordinary criminal courts. Briefly stated, the facts of the case giving rise to the present petition are these. One Smt. Gurmej Kaur, a teacheress; in the Government Primary School, Chhitra, on 26.5.1994 at about 130 p.m. was returning home from her school on her bicycle. On the way, she was attacked by two persons who were on a scooter with a knife. As a result, she sustained simple injuries on right side of her chest, right arm and left leg.

(2.) The report about the occurrence was made to the police by Shri Prem Bhatia, Headmaster of the school, on the basis of which a case under Section 324 read with Section 34, Indian Penal Code, came to be registered at Police Station, Sadar -Una vide F.I.R. No. 213 of 1994. During the course of investigation, it was revealed that the said Smt. Gurmej Kaur was married to the petitioner in the year 1966. Since the relations between them became strained, their marriage was dissolved by a divorce in the year 1989. However, the petitioner was nursing a grudge against Smt. Gurmej Kaur. The investigation further revealed that the petitioner in connivance and conspiracy with one Nirmal Singh alias Nimma arranged the attack/assault on Smt. Gurmej Kaur by S/Shri Narender Singh and Bhupender Singh alias Bhinda. Thus, on a case having been found against the petitioner and his three abovenamed accomplice, the police submitted the final report under Section 173, Code of Criminal Procedure, before the learned Judicial Magistrate 1st Class (II), Una, for the prosecution of the petitioner and his co -accused for the offences under Sections 323, 324 read with Section 34 and under Section 120 -B, Indian Penal Code. The learned Magistrate took cognizance of the offence on 5.8.1996 and he directed the summoning of the petitioner and his co -accused for 24.12.1996. The case was thereafter being adjourned from time to time for the summoning of the petitioner and his co -accused. The last date for the presence of the petitioner and his co -accused before the learned Magistrate was 26.12.1997, on which date the learned Magistrate was on tour and the case came to be adjourned to 10.6.1998 for proper orders.

(3.) The present petition came to be filed on 19.9.1997 seeking the quashing of F.I.R. No. 213 of 1994, raising the two questions, detailed above. Be it stated that till date neither the petitioner nor any of his three co -accused has put in appearance before the learned trial Court. I have heard the learned Counsel for the parties and have gone through the record of the case. Question No. 1