- (1.) The contour of the facts, culminating in the commencement, relevant for the limited purpose of deciding the sole controversy, involved in the instant petition and emanating from the record, is that Subhash Chand son of Surta Ram complainant-respondent filed the complaint (Annexure P7) against petitioner Raj Kumar Walia, Sub Inspector of Police on the following grounds:- i) That on 15.12.2002, the complainant alongwith Shri Gian Chand s/o Sh.Babu Ram, r/o Radaur, went in a Car No.DDB-2093, at village Khanpur Kolian near Pipli, where the sister of Gian Chand is married and they stayed there during the night, and on 16.12.2002, when they were coming back to Radaur in that car, the car was being driven by Gian Chand and the complainant was sitting on the front seat of the said car. When they reached on Ladwa Road at Pipli Chowk,the accused Raj Kumar SI alongwith 3-4 other persons in civil dress, was standing there and he given signal to Gian Chand for stopping the car. The car was stopped, and the accused said to the complainant and Gian Chand that he has the information that this car is being used for the smuggling of liquor etc. and that there is liquor in the car, upon which the complainant came out of the car and told to the accused that there is no wine/liquor in the car nor the said car is used for smuggling of liquor etc. but the accused directed Gian Chand to take the car in his office at Kurukshetra, and on refusal by the complainant and Gian Chand driver of the said Car, the accused had become annoyed/angry and he took a Danda from his associates and gave a blow of Danda with full force on the left arm of the complainant and another blow of that danda was inflicted on the head of the complainant, and due to that blows the left arm of the complainant was fractured and blood started oozing from the head of complainant. The other associates of the accused also gave danda blows on the person of complainant and Gian Chand and they abused the complainant and Gian Chand in filthy languages and also gave fist and slaps. ii) That the accused thrown the complainant inside the car forcibly and sat in the car himself and directed the driver Gian Chand to take the car towards Kurukshetra and on reaching at the office of Excise Deptt near Old Bus Adda Kurukshetra, the accused asked Gian Chand to call the owner of the said Car No.DDB-2093, and the complainant was illegally detained by the accused in the office. iii)That the accused took the complainant to some private Hospital/doctor where the complainant was provided plaster on his left arm and some stitches were applied on the head of complainant, as the blood was oozing from the head of the complainant. iv)That on 19.12.2002 Sh.Sanjiv Kumar s/o Sh.Sohan Lal r/o Radauri, went to the office of the accused in order to get the complainant be released from the accused, where the accused forcibly and illegally taken out a sum of Rs.5000/- from the pocket of Sanjiv Kumar in the presence of the complainant and at the same time the accused also extorted a sum of Rs.20000/- Manjeet alias Gullu s/o Sh.Tara Singh by saying that he found Liquor from the car and as such this amount is to be deposited in the Excise Department as fine, and he took Sh.Manjit alias Gullu to the Excise office, where the accused deposited only a sum of Rs.7200/- and the remaining amount was illegally kept by the accused with him out of Rs.20000/- dishonestly. v) That on 19.12.2002 the complainant Manjit alias Gullu and Sanjiv Kumar as well as Gian Chand, were allowed to go and they came at Radaur where the complainant remained lying on bed upto 24.12.2002 and then on 25.12.02 the complainant moved an application to the learned Duty Magistrate KKR for his medical examination whereupon the doctor medically examined the complainant and a Rukka was sent to the police of PS Sadar Thanesar at Pipli by the doctor. The ASI Suraj Bhan came in the Hospital and he enquired about the incident and recorded the statement of the complainant in the Hospital, and he also obtained the signature of the complainant on his statement without explaining/reading over the said statement to the complainant. But despite of recording statement of complainant, the police did not take any action against the accused, and only a formal DD No.20 dated 26.12.2002 was registered in the Rojnamcha and this fact came to the notice of the complainant on enquiry made by him about taking action against the accused from the SHO of Police Station Sadar Thanesar at Pipli, who told to the complainant all together different story and also informed the complainant that the police would not take any action against the accused on the statement of complainant. Then the complainant obtained the copy of DD No.20 dated 26.12.02 from Police Station Sadar Thanesar at Pipli, by moving an application to that effect in the court of learned C.J.M. KKR and that copy was issued to complainant, on the direction issued by the Hon'ble Kurukshetra."
(2.) That being so, the complainant filed the indicated criminal complaint (Annexure P7) against the petitioner under sections 323, 325, 342 and 392 IPC. Taking cognizance on the complaint, the JMIC summoned the petitioner-accused to face trial for the commission of offences punishable under section 323, 325 and 342 IPC, by virtue of summoning orders dated 25.10.2004 (Annexure P12) and 25.10.2008 (Annexure P13).
(3.) After considering the pre-charge evidence, the trial Magistrate, by way of detailed order dated 1.7.2010 (Annexure P15) came to a definite conclusion that there is sufficient evidence on record, to frame the charges against the accused (petitioner). Consequently, the petitioner was charge sheeted accordingly, by means of charge-sheet dated 1.7.2010 (Annexure P16).;