Full Text
Translation output
#41
% 20.07.2011
Present: Ms. S.Janani, Advocate with Mr. Deepak Goel, Advocate for the petitioners.
Mr. Sunil Sharma, APPforthe respondent No.l/State.
+Crl.M.A.No. 8142/2011(Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
CrI.M.C. 2246/2011 & CrI.M.A. 8141/2011 (stay)
This is a petition under Section 482 CrPC seeking quashing of criminal complaint filed by the respondent No.2 under Sections
148/149/323/325/368/506/120B IPG. Though the petitioners have placed on record the copy of the complaint filed against them, they have not placed on record either the evidence recorded by the concerned
Magistrate in preliminary enquiry or the order of summoning. On perusal of the complaint, particularly Para 3, which is reproduced hereinafter, a prima facie commission of offence is disclosed:
"3. That on dated 02.01.2006, we had just reached
Bhiwani, to appear in the Court ofCJM, Bhiwani to represent the dowry case. On having parl<ed our Car near CMC
Nursing l-Jome bearing No. DL-4C-M9970 Santro and
Complainant had just moved to attend Court hearing immediately there Vijay Sharma alongwith his 10 Goondas assaulted at Manish Kumar/Complainant with Dandas, Country made Pistol etc. with the intention to l<ill him and when Complainant family tried to save, they also threw dandas at Complainant mother and sister. Complainant sustained injuries on the head and three fingers of the hand which have been got fractured. They also assaulted at
Complainant back due to which Complainant sustained serious injuries. The Complainant ivas again and again hit on both of his legs due to which Complainant felt that his right leg has been fractured. The Complainant is finding
2011:DHC:15527 difficulty in moving and Complainant lost semi consciousness due to head injuries and when Complainant has regained his consciousness then while giving beatings the 10 Goondas kept on saying that they will not let
Complainant go to Delhi alive and accused continuously started beating (sic) complainant & in between when complainant's younger sister Neelima Narang and his mother interfered & tried to save complainant, they also started giving beating (sic) to them and when we start shouting loudly Mar Diya Mar Diya at that time some local people tried to save the complainant otherwise they, would have caused more injuries. They assaulted challenging openly that this time we have been saved but next time they will finish us. As such, there is apprehensions of life and property of the complainant and family members.
Accused persons are not allowing the complainant and family members to appear in court have tried (sic) to kidnap the complainant".
Since a prima facie commission of offence is disclosed, I do not find any reason to quash the complaint in exercise of jurisdiction under Section
% 20.07.2011
Present: Ms. S.Janani, Advocate with Mr. Deepak Goel, Advocate for the petitioners.
Mr. Sunil Sharma, APPforthe respondent No.l/State.
+Crl.M.A.No. 8142/2011(Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
CrI.M.C. 2246/2011 & CrI.M.A. 8141/2011 (stay)
This is a petition under Section 482 CrPC seeking quashing of criminal complaint filed by the respondent No.2 under Sections
148/149/323/325/368/506/120B IPG. Though the petitioners have placed on record the copy of the complaint filed against them, they have not placed on record either the evidence recorded by the concerned
Magistrate in preliminary enquiry or the order of summoning. On perusal of the complaint, particularly Para 3, which is reproduced hereinafter, a prima facie commission of offence is disclosed:
"3. That on dated 02.01.2006, we had just reached
Bhiwani, to appear in the Court ofCJM, Bhiwani to represent the dowry case. On having parl<ed our Car near CMC
Nursing l-Jome bearing No. DL-4C-M9970 Santro and
Complainant had just moved to attend Court hearing immediately there Vijay Sharma alongwith his 10 Goondas assaulted at Manish Kumar/Complainant with Dandas, Country made Pistol etc. with the intention to l<ill him and when Complainant family tried to save, they also threw dandas at Complainant mother and sister. Complainant sustained injuries on the head and three fingers of the hand which have been got fractured. They also assaulted at
Complainant back due to which Complainant sustained serious injuries. The Complainant ivas again and again hit on both of his legs due to which Complainant felt that his right leg has been fractured. The Complainant is finding
2011:DHC:15527 difficulty in moving and Complainant lost semi consciousness due to head injuries and when Complainant has regained his consciousness then while giving beatings the 10 Goondas kept on saying that they will not let
Complainant go to Delhi alive and accused continuously started beating (sic) complainant & in between when complainant's younger sister Neelima Narang and his mother interfered & tried to save complainant, they also started giving beating (sic) to them and when we start shouting loudly Mar Diya Mar Diya at that time some local people tried to save the complainant otherwise they, would have caused more injuries. They assaulted challenging openly that this time we have been saved but next time they will finish us. As such, there is apprehensions of life and property of the complainant and family members.
Accused persons are not allowing the complainant and family members to appear in court have tried (sic) to kidnap the complainant".
Since a prima facie commission of offence is disclosed, I do not find any reason to quash the complaint in exercise of jurisdiction under Section
JUDGMENT
482 CrPC. Petition is dismissed. (AJIT BHARIHOKE) JUDGE JULY 20, 2011 akb 7- 2011:DHC:15527
JUDGMENT