Narain Singh vs Davinder Singh and ors.

I.S. Tiwana, J. (Oral)

The petitioner alongwith three others has been summoned by the judicial Magistrate Ist Class, Zira, to stand trial under Sections 506/323/382/392 read with section 34, Indian Penal Code, vide his order dated 9.3.1987, on a compliant dated 24.2.1987 filed by the respondent. He prays for quashing of the proceedings against them. His plea is that he and his other coaccused are residents of District Hamirpur (Himachal Pradesh) and they have some civil litigation against the father of the complainant at Hamirpur and, with a view to harass them, the present complaint has been filed in the Court of the Magistrate at Zira. The plea, in a nutshell, is that the continuation of the proceedings against them is only a misuse of the process of Court and have been brought about with ulterior motive.

I have heard the learned counsel for the parties at some length and find that the stand of the petitioner is not devoid of merit.

The broad facts alleged against the petitioner in the complaint are that on 14.2.1987 at 12.00 noon the complainant with his father was travelling in a Punjab Roadways bus from Amritsar to Ferozepur and when they same out of the bus at Makhu Bus Stand to take some refreshment, he saw all the accused persons present there. On seeing him, the petitioner raised a lalkara that he (Davinder Singh, complainant) be captured and taught a lesson for the litigation that he is having with them at Hamirpur. On this, the petitioner is alleged to have caught hold of the complainant, whereas the other coaccused, namely, Gulaba and Parkash Chand, gave him fist blows. Krishan Lal coaccused kept on threatening the complainant with dire consequences. They are also alleged to have deprived the complainant of currencynotes worth Rs. 800/, besides his wristwatch and a golden kara which the complainant was wearing around his arm. According to the complainant, the whole occurrence was witnessed by one Sarup Singh resident of Talwandi Nepala. Thereafter, he is stated to have gone to the Station House Officer, Police Station, Makhu, for lodging a complaint but the police refused to register any case. He also claims to have gone to the Government doctor at Makhu for his medicolegal examination but the latter also refused to examine him on the plea that he had no serious injury. It was thereafter that he filed the present complaint on 24.2.1987, i.e., about ten days after the occurrence.

The facts which prominently stand out from the abovedetailed narration of events are :

(i) Civil litigation admittedly was pending between the parties at Hamirpur.

(ii) It was a matter of coincidence that the complainant and his father got out of the bus at Makhu where all the four accused, who concededly are permanent residents of District Hamirpur, Himachal Pradesh, were present.

(iii) The local police, i.e., the Station House Officer, Makhu, declined to register the case on the basis of the facts stated by the complainant.

(iv) Even the doctorincharge of the Government Hospital at Makhu, refuse to examine the complainant as he had no serious injury.

(v) No action whatsoever was taken by the complaint about this incident till the filing of the complainant ten days after the occurrence.

(vi) The complainant did not complain to anybody against the conduct of the police or the doctor, who had refused to take action in the matter.

(vii) The solitary independent witness, namely, Sarup Singh resident of Talwandi Nepala, was not examined in support of the above noted version. It was supported by the complainant and his father only. Undoubtedly, this evidence was of high interested nature.

In the light of these facts, I find little justification with the trial Magistrate to have summoned the petitioner and his coaccused. Continuation of these proceedings would be nothing else than a misuse of the process of the Court as the complaint appears to have been filed only with a view to harass the other side, i.e., the petitioner and others.

For the reasons recorded above, the complaint and the resultant proceedings now pending in the Court of the Judicial magistrate, Ist Class, Zira, are quashed.