Punjab-Haryana High Court
Mritunjay Kumar vs State Of Punjab And Another on 16 November, 2023
Neutral Citation No:=2023:PHHC:145514
CRM-M-47743-2023 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-47743-2023 (O&M)
Reserved on: 03.11.2023
Pronounced on: 16.11.2023
Mritunjay Kumar
... Petitioner(s)
Versus
State of Punjab & another
...Respondent (s)
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:- Mr. R.S. Rai, Sr. Advocate and
Mr. Chetan Mittal, Sr. Advocate with
Mr. Pawan Narang, Advocate and
Mr. Mayank Aggarwal, Advocate
for the petitioner(s).
Mr. Gaurav Garg Duriwala, Addl.A.G., Punjab.
Mr. P.S. Ahluwalia, Advocate
for respondent nos2.
***
ANOOP CHITKARA, J.
FIR No. Dated Police Station Sections
41 5.5.2023 Division No.3, 279, 337, 427 IPC and Section 3(x) and 4 of
District Police the Scheduled Castes & Scheduled Tribes
Commissionerate, (Prevention of Atrocities), Act, 1989,
Ludhiana Sections 3(x) and 4 deleted and Section 3(s)
of the SC/ST Act later on.
Seeking quashing of the FIR, captioned above, which was registered just
because the petitioner was sitting in the vehicle driven by co-accused Parvinder Singh
in which another co-accused Bhawna Gupta was also sitting and had no role to play,
has come up before this Court under Section 482 CrPC.
2. Prosecution's case is that based on the statement made by one Gagan, the
aforesaid FIR was registered, the translated copy of which is annexed as Annexure P-1
and its translation is not disputed by any of the parties. The contents of the FIR read as
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under:-
"Statement of Gagan wife of Rajinder Kumar resident of Balmiki Colony
Ludhiana aged 50 years. Stated that I am resident of the said address and am a
house wife. Today, on 05.05.2023 I alongwith Neelam Rani Resident of 991,
Near Balmiki Mandir Chowk Division No. 3 and Sharda Resident of Ghaati
Mohalla, Ludhiana were going to the inauguration of the new Mohalla Clinic by
Chief Minister Bhagwant Maan at Mohalla Harcharan Nagar and were getting
down from the e-Riksha near Shingaar Cinema crossing, and immediately upon
getting down, a car driver while driving carelessly hit me from one side and
while I was trying to defend myself; my right hand was injured due to the
impact of the vehicle and due to the impact of the vehicle my mobile phone
brand Samsung Galaxy fell down from my hand and was broken. On reading the
number of the vehicle I found it to be UP-16-CD-6327 of Innova make Color
White. The driver of the vehicle started arguing with me and when I asked to
the driver of the vehicle that why did you hit the vehicle into me and because of
being hit by your vehicle, I have been injured and the phone of a poor has been
broken. On this, alongwith the car driver, another man and a woman also came
there and they alongwith the car driver started abusing me and the woman
started saying "Tum Neech Jaati waley chamaar logon ka yahi kaam hai, tum log
gaadi walon se paisa aithne ke liye kisi vi had tak gir sakte ho" and after saying
this when I objected to it a lot of people gathered there and after a while your
police party reached the spot. I came to know the name of the driver of the car
as Parminder Singh Rawat, the name of the other person who argued as
Mritunjay Kumar and the women who uttered caste indicative words as
Bhawna. That the driver of the said car while driving recklessly rammed the car
into me and caused me injury and caused damage to my mobile and the car
passenger Bhawna insulted me by publically using caste indicative words against
my caste and I may be provided justice by taking suitable action against them as
per law. I have got recorded my statement with you in presence of my known
Neelam Rani & Sharda, gone through, it is correct. Sd/- Gagan."
3. I have heard learned counsel for the parties at length and gone through the
entire record.
4. Counsel for the parties did not dispute the factum that the petitioner -
Mritunjay Kumar was neither a driver of the vehicle nor had hurled any abuses. He was
merely present in the vehicle along with co-accused and had no role to play. Even if
the entire allegations as per the contents of the FIR are accepted to be true on its face
value, still no case is made out against the petitioner - Mritunjay Kumar. His case is
different from the other accused and as such, it is being decided separately.
5. The State has filed its reply by way of affidavit of concerned Assistant
Commissioner of Police, Emergency Response-cum-Nodal Officer SC/ST Cases. It
remains undisputed that the petitioner - Mritunjay Kumar did not hurl the alleged
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abuses, which according to the prosecution made out an offence under Section 3(1)(r)
and 3(1)(s) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities), Act,
1989 (for short, "the SC/ST POA Act"). It also remains undisputed that the petitioner
was not driving the vehicle. Even the State, on instructions from the investigator
admits that the offences under Sections 279 and 337 IPC have not been attributed to
the petitioner. In addition to that, there is no allegation against the petitioner -
Mritunjay Kumar of having committed any offence under Section 427 IPC, for the
reason that there is no averment that he had caused any damage to any property. No
allegation for damage to mobile phone was leveled against Bhawna Gupta or Mritunjay
Kumar, because they were not driving the vehicle. It is strange that despite there being
no allegation or involvement of the petitioner, he was arraigned as an accused, and was
also arrested, though as per the petitioner's counsel, he got bail after custody of 4 days.
6. Given above, in the peculiar facts and circumstances, it is a fit case where the
continuation of criminal proceedings shall amount to an abuse of the process of law,
and the Court invokes its inherent jurisdiction under section 482 CrPC and quashes the
FIR and all subsequent proceedings.
Petition allowed. All pending applications stand closed in tune with this judgment.
(ANOOP CHITKARA)
JUDGE
November 16, 2023
AK
Whether speaking/reasoned : Yes
Whether reportable : No
Neutral Citation No:=2023:PHHC:145514
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