Punjab-Haryana High Court
Hardayal Singh vs State Of Haryana And Ors on 30 May, 2017
Author: Inderjit Singh
Bench: Inderjit Singh
122
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM No.M-29402 of 2012 (O&M)
Date of Decision: May 30, 2017
Hardayal Singh
...Petitioner
VERSUS
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr.J.S.Hooda, Advocate
for the petitioner.
Mr.Brijesh Sharma, Asstt. Advocate General, Haryana
for the respondent-State.
Mr.S.S.Dinarpur, Advocate
for respondents No.2 to 4.
****
INDERJIT SINGH, J.
Petitioner has filed this petition under Section 482 Cr.P.C. for quashing the judgment dated 09.07.2012 passed by learned Addl. Sessions Judge, Yamuna Nagar at Jagadhri, vide which the revision petition filed by respondent No.2 was allowed and the summoning order dated 26.04.2011 passed by learned JMIC, Jagadhri, was set aside.
Notice of motion was issued. Learned State counsel as well as learned counsel for respondents No.2 to 4 appeared and contested the petition.
I have heard learned counsel for the parties as well as learned State counsel and have gone through the record.
1 of 5 ::: Downloaded on - 09-06-2017 18:17:16 ::: CRM No.M-29402 of 2012 -2- From the record, I find that Hardayal Singh complainant filed the complaint against SHO Virender Singh Rana previously posted as SHO at Police Station Chhappar under Sections 202, 323, 307, 342, 504, 511 and 34 IPC and Section 3 of the SC and ST (Prevention of Atrocities) Act. The brief fact of the case as noted down in the judgment passed by learned Addl. Sessions Judge, Yamuna Nagar at Jagadhri, are as under:-
"2. The facts of the complaint, in brief, are that in the night on 10.9.2007, at about 8.00 p.m., when complainant Hardayal Singh, was taking dinner, all the three accused namely Virender Singh Rana, SHO P.S. Chhappar, HC Gurmail Singh, HC Gurmej Singh, who were posted in P.S. Chhappar, along with two other police officials entered the house of complainant, without disclosing anything, took the complainant to the police station, Chhappar. It is further alleged in the complaint that complainant was confined throughout night in the police station and these police officials/accused persons tortured the complainant. Accused No.2 and 3 pulled apart both the legs of the complainant and kicked on the private parts. The accused No.1 SHO Virender Singh Rana beaten him mercilessly with the danda and made slaps and fists blows on his face and head and even tried to uproot the hair of the complainant. The complainant cried with pain and there was nobody to hear his cries. His cries were oppressed in the torture room. Not only this, the accused gave danda blows on the foot sole and then Gurmej Munshi, accused passed urine in the mouth of complainant and accused no.2 HC Gurmel Singh put the drain sludge into the mouth of the complainant and the accused no.1 uttered "Sale, tu chamar apni haisiyat mein reh. Aaj hum there ko chamar ka roop dikhate hai ki chamar ko kis taran rahna chahiye" and the accused persons exerted undue pressure upon the complainant to take responsibility of the murder on his head which murder had taken place some times back in the village otherwise the complainant will not be allowed to live peacefully and false case will be loaded against him. It is further alleged that complainant requested that he has not murdered anybody and he is innocent and why he has to contess for any act which he never did, but these accused became annoyed and they put a blanket on the naked body of the complainant and the accused persons along with their two other colleagues started bearing the complainant with dandas, legs and fists blows. It is further alleged that in the meanwhile, the family members of complainant rushed to the police station Chhappar and subjected to torture. Ultimately, the wife, uncle and cousin of 2 of 5 ::: Downloaded on - 09-06-2017 18:17:17 ::: CRM No.M-29402 of 2012 -3- the complainant took respectables and responsible persons of the village to the police station next day when more than 24 hours of illegal confinement of the accused in the police station were passed and at about 9.00 p.m. on 11.9.2007, the accused no.1 took the signatures of the complainant on certain blank papers and set free the complainant with threats that in case he disclosed this thing/incident to any person then his family members will also be beaten by them as he did not compromise in the matter of daughter of complainant with other party and he has to face this torture at the hands of the accused persons. It is further alleged that one Ram Kumar sonof Ami Chand, resident of Kulpur had tried to outrage the modesty of minor daughter of complainant namely Reeta on 1.6.2007. It is further alleged that the complainant had reported the matter to the police but the police instead of taking action against said Ram Kumar and his accomplices, booked the complainant falsely at the instance of said Ram Kumar. It is further alleged that the complainant reported the matter to he senior police officers against the present accused because HC Gurmej Singh had taken `10,000/- from the complainant as illegal gratification and only on the intervention of senior police officers, a case was lodged against Ram Kumar and since then Ram Kumar was having grudge against the complainant and the accused persons in connivance with Ram Kumar had taken away the complainant from his house, tortured and captivated in the police station and pressurized to compromise with Ram Kumar. It is further alleged that due to the inhuman torture caused by the accused, the complainant developed serious complications. He sustained internal injuries on his private parts and he remained in medical supervision up to PGI, Chandigarh. It is further alleged that the complainanton 18.9.2007, also reported this whole incident to the senior police officers but he was not heard and finding no other door opened for him, the complainant filed Criminal Miscellaneous petition no.4929M/2007 before the Hon'ble Punjab and Haryana High Court, under section 482 Cr.P.C. and in that petition the Hon'ble High Court vide order dated 22.7.2008, disposed of the matter with the direction that the Area Judicial Magistrate Ist Class, shall formulate his own opinion on receipt of a complaint, to find out whether any offence has been committed and enquiry is to be conducted or an investigation is called for, to redress the grievances of the complainant. Hence, the complaint was filed ON DATED 29.8.2008."
Learned Magistrate, on the basis of preliminary evidence, summoned the accused under Sections 323, 342 and 504 IPC. A revision was filed by the accused-respondent No.2 and and learned Addl. Sessions 3 of 5 ::: Downloaded on - 09-06-2017 18:17:17 ::: CRM No.M-29402 of 2012 -4- Judge, Yamuna Nagar at Jagadhri, vide impugned judgment dated 09.07.2012, accepted the revision and set aside the summoning order.
Aggrieved from the above-said judgment, present revision has been filed by the petitioner-complainant.
From the record, I find that it is in the report under Section 202 Cr.P.C. that in the main case, the present petitioner was summoned in the police station and after interrogation, he was allowed to go. It is also brought to the notice of this Court that in the FIR under Section 302, 364 IPC etc., the petitioner was called for interrogation and he was found innocent when the challan was presented against other accused in that FIR. Nothing has been shown that the petitioner was arrested in that FIR. Rather, he has been called by the police for enquiry purposes. It is argued that there was suspicion against the present petitioner in that FIR. The petitioner- complainant in the complaint has stated that he has been given merciless beatings on 10.09.2007 but he has not got himself medico legally examined immediately. He went to the doctor and he was got medico legally examined on 18.09.2007 and as per MLR, no external injury mark was found on his person. Report under Section 202 Cr.P.C. states that accused were not guilty.
Learned Addl. Sessions Judge, Yamuna Nagar at Jagadhri, after discussing the statements of the witnesses in preliminary examination and also in view of the facts and circumstances and the fact that sanction under Section 197 Cr.P.C. was also necessary, set aside the summoning order and dismissed the complaint. Learned revisional Court also found that learned Magistrate has not discussed the report under Section 202 Cr.P.C. in the summoning order to reach to the correct conclusion. There are testimonies 4 of 5 ::: Downloaded on - 09-06-2017 18:17:17 ::: CRM No.M-29402 of 2012 -5- of CW-3 Jai Pal and CW-2 Gulshan recorded under Section 202 Cr.P.C., wherein both these witnesses are silent about the episode of 10.09.2007 and also admitted that Hardayal Singh was not tortured by the police in front of them.
Learned Addl. Sessions Judge, Yamuna Nagar at Jagadhri also discussed the discrepancies in the statements of the witnesses. The perusal of the findings given by learned revisional Court shows that these have been given as per evidence and law. In no way, the findings in the revision petition, can be held as perverse or against the evidence and law. The judgment dated 09.07.2012 passed by learned Addl. Sessions Judge, Yamuna Nagar at Jagadhri, is correct, as per law and the same is upheld.
Therefore, finding no merit in the present petition, the same is dismissed.
May 30, 2017 (INDERJIT SINGH)
Vgulati JUDGE
Whether speaking/reasoned Yes
Whether reportable No
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