GURBACHAN SINGH Vs. DALIP SINGH

JUDGEMENT

(1.) Petitioners seek quashing of order dtd. 11/5/2017 passed by the learned Judicial Magistrate, 1st Class, Akhnoor, holding prima facie their involvement is made out in the commission of offences under Sec. 145, 500, 298 and 323 RPC and directed to issue process against them on the complaint filed by respondent-Dalip Singh

(2.) The complaint was filed on 4/5/2017, alleging therein that on 14/4/2017 on the eve of Baisakhi festival, the respondent was forced out from Gurudwara Nardiwala by the accused/petitioners, while he was performing religious prayer and on 16/4/2017, the accused again warned the complainant against entering in the Gurudwara. On 18/4/2017, accused persons made an announcement through a speaker that respondent has been socially boycotted from the Biradhari and he is also prohibited to enter in Gurudwara at Village Nardiwala, Tehsil Maira Mandrian.

(3.) The main occurrence is of dtd. 22/4/2017, which allegedly took place at 12.30 PM when the accused assaulted the complainant as soon as he entered in the Gurudwara where he was invited by Malkiat Singh and Gurdyal Singh on the 4th death anniversary of their mother Smt Balwant Kour W/o Lt. Puran Singh R/o Nardiwala. He was thrashed by the accused mercilessly and, thus, reported the matter to the police, but no action was taken. This is only the reason given to explain the delay of nearly 12 days in filing the complaint.