JUDGEMENT
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(1.) Yuvraj, Surender Singh and Rajender ,the petitioners by way of
above mentioned two petitions, seek quashing of FIR No. 342 dated
10.08.2008 registered at Police Station Civil Lines Rohtak, District Rohtak,
for an offence punishable under sections 114, 406, 420, 452 and 506 IPC
(Annexure P-1) and all subsequent proceedings arising thereon as the same
does not disclose the commission of any offence and, therefore, the
proceedings amount to abuse of the process of law, resulting in failure of
justice.
(2.) Learned senior counsel for the petitioners drew my attention to
the contents of the FIR, which was got registered by Master Chand Singh
Ahlawat, the President of Janhit Sangharsh Samiti. He has submitted that
to begin with, the allegation has been that at the instance of Surender Singh,
Rajender Singh and Yuvraj alongwith their relatives and gunman came
armed to his house at 6.30 PM. On getting chance, said Master Chand
Singh made a call to police control room and though the police reached
there and took those persons to Police Station Civil Lines Rohtak, but later
on they were let off. According to him, the complainant has further stated
in the FIR that Surinder Singh had earlier extended threat to his life before
the entire panchayat on 22.05.2007 in the presence of SHO Pawan Kumar
Sharma, P.S. City Rohtak and on 30.07.2008 before SHO Rajender Singh,
P.S. Civil Lines Rohtak. He has further stated that again on 15.10.2006 and
24.06.2007 they are again said to have made unsuccessful attempts of his
life and extended threats to him on phone themselves as also through their
men.
(3.) Learned senior counsel for the petitioners has further submitted
that the allegations in the FIR are also to the effect that the persons named
as accused have taken huge amount of money through pronotes and FDRs
from persons of Janhit Sangharsh Samiti by alluring them with huge interest
and on demand for return of money they have threatened them of their life.
According to him, the complainant has further claimed that due to such
behaviour of these persons, many persons have lost their lives and they are
responsible for the same. They are said to have misappropriated their
money. A request was thereafter made to register a case and to protect the
life and liberty of the petitioner from those persons.;
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