Ajay Singh vs Mam Chand And Ors
2022 Latest Caselaw 7679 P&H

127                        CRM-M-47603-2019(O&M)                              1



       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                              CRM-M-47603-2019O&M)
                                              Date of decision: 25.07.2022

Ajay Singh

                                                                   ...Petitioner

                                     Versus

Mam Chand and others

                                                                ...Respondents

CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:     Mr. Vineet Chaudhary, Advocate for the petitioner.

                         ****

HARNARESH SINGH GILL, J. (ORAL)

Prayer in the petition is for quashing of the impugned judgment

dated 03.05.2019 passed by the learned Additional Sessions Judge, Ambala,

and order dated 08.10.2018 passed by the learned Sub-Divisional Judicial

Magistrate, Naraingarh, whereby the complaint filed by the petitioner was

dismissed.

Learned counsel for the petitioner submits that on 23.08.2015 at

about 5.30 PM, the petitioner along with his other family members was

reconstructing the northern side wall of their house, but the accused persons

with a malafide intention in order to enter in the possession of the petitioner

started breaking down the wall. When the petitioner, requested the accused

persons not to do so, they attacked on the petitioner, the matter was reported

to the police but no action was taken by the police. The complaint under

Sections 323, 324, 325, 447, 452, 506 IPC read with Section 34 IPC at Police

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Station Naraingarh, preferred by the petitioner before the learned Sub-

Divisional Judicial Magistrate, Naraingarh, was dismissed vide order dated

08.10.2018, on the ground that the petitioner has not disclosed about the

registration of a cross case bearing FIR No. 143 dated 26.08.2015, against

him and his family members, aggrieved against the said order, the petitioner

filed a revision petition but the same was also dismissed by the learned

Additional Sessions Judge, Amabla.

I have heard the learned counsel for the petitioner and have also

gone through the paper-book.

In the present case, the petitioner was found guilty of

manipulating the things. In the complaint, he never disclosed about the cross

case registered against him and his family members and the petitioner alleged

to have received three injuries by wooden or iron stick at the hands of three

accused, but his MLR depicts only one injury that too 2x3 inches lacerated

wound on the left arm and there was no fracture.

In view of the above, no ground to grant any relief to the

petitioner as prayed for is made out.

Dismissed.

                                   (HARNARESH SINGH GILL)
25.07.2022                               JUDGE
Mangal Singh



               Whether reasoned/speaking?       Yes/No
               Whether reportable?              Yes/No




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