Punjab-Haryana High Court
Jeet Singh vs Balwinder @ Binder And Ors on 6 December, 2023
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2023:PHHC:156139
CRM-M-24154-2016 #1# 2023:PHHC:156139
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
CRM-M-24154-2016
Date of Decision:-06.12.2023
Jeet Singh.
......Petitioner.
Versus
Balwinder @ Binder & Ors.
......Respondents.
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Ms. Urvashi Dhugga, Advocate as
Amicus Curiae for the Petitioner.
***
JASJIT SINGH BEDI, J. (ORAL)
The prayer in the present petition under Section 482 Cr.PC is
for quashing of the order dated 15.10.2015 passed by JMIC, Ambala
(Annexure P-2) whereby the complaint filed by the complainant has been
dismissed and the order dated 29.04.2016 passed by Additional Sessions
Judge, Ambala (Annexure P-5) whereby the revision against the aforesaid
order of dismissal of the complaint filed by the petitioner has also been
dismissed.
2. The brief facts of the case are that the complaint came to be
instituted against the accused persons at the instance of the petitioner with
the allegations that on 05.03.2011 all the accused persons had entered into
the land of the complainant and started raising construction. When the
complainant had stopped them, they attacked him with various weapons. He
was also got admitted to the hospital at Ambala where on medico legal
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examination it was found that he had suffered a fracture on his little finger of
the right hand.
3. Based on the evidence led the summoning court found that the
injuries were self suffered and dismissed the complaint vide judgment dated
15.10.2015 (Annexure P-2).
4. The petitioner (complainant) filed a revision petition before the
Court of Additional Sessions Judge, Ambala which came to be dismissed
vide judgment dated 29.04.21016 (Annexure P-5).
5. The instant petition has been filed challenging the
aforementioned judgments.
6. The Amicus Curiae appearing on behalf of the petitioner
contends that a bare perusal of the complaint would show that the offences
in question were clearly made out. The medical evidence was totally in
consonance with ocular account. The fact that a Kalendra was registered by
the police would go on to show that an occurrence had indeed taken place.
However, undue importance had been given to the report under Section 202
Cr.PC wherein it was found that the injuries suffered by the complainant
were self suffered. She therefore contends that the judgments were liable to
be set aside and the respondents/accused were liable to be summoned to face
Trial for the offences in question.
7. I have heard the learned Amicus Curiae for the Petitioner and
perused the file.
8. A perusal of the file would reveal that as per the prosecution
case, all the accused had caused injuries to the complainant on 5.3.2011.
However, it has been categorically found during the course of the inquiry
under Section 202 Cr.PC that the injuries on the person of the complainant
were self suffered. In fact the complainant himself had cut his finger in
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order to get the present criminal proceedings in motion. Interestingly no
specific injury has been attributed to any of the accused. This makes the
case of the complainant extremely doubtful. Merely because the
proceedings under Section 107/151 Cr.PC had been initiated would not
establish that the occurrence as suggested by the complainant had indeed
taken place.
9. In view of the aforementioned discussion, I find no infirmity in
the judgments dated 15.10.2015 passed by JMIC, Ambala (Annexure P-2)
and dated 29.04.2016 passed by Additional Sessions Judge, Ambala
(Annexure P-5) and, therefore, the present petition stands dismissed.
( JASJIT SINGH BEDI )
JUDGE
December 06, 2023
Vinay
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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