NARESH KUMAR SANGHI, J. - (1.) PRAYER in this petition, filed under Section 482, Cr.P.C., is for quashing of FIR No. 291, dated 15.11.2009, under Sections 152, 153, 186, 307 and 353, IPC, registered at Police Station, City, Tarn Taran (Annexure P -5), the order framing the charge, dated 4.5.2011 (Annexure P -9), as well as the charge -sheet (Annexure P -7).
(2.) THE brief facts of the case as culled out from the FIR (Annexure P -5) are that ASI Balraj Singh of Police Station, City, Tarn Taran, disclosed to the police that on 15.11.2009, the Deputy Chief Minister, Punjab, was to inaugurate the Animal Fair in the Animal Market, Tarn Taran. He (ASI Balraj Singh) along with other police officials, was on duty. Lot of people were sitting in the Pandal. When the dignitaries/very important persons started addressing to the persons present in the Pandal, then all of a sudden, 6 -7 persons stood up and started raising slogans against the Government. Manjinder Singh, son of Anokh Singh, Gurpreet Singh, son of Balwant Singh, and Beant Singh, son of Balkar Singh, were known to ASI Balraj Singh. He (ASI Balraj Singh) advised them to sit in the audience, but the said persons assaulted ASI Balraj Singh with an intention to kill and torn his uniform, which ASI Balraj Singh was wearing at that time. Resultantly, the persons attending the function stood up and the assailants slipped away from that place. While going, they raised slogans against the Government, assaulted ASI Balraj Singh and provoked the public to raise slogans agianst the Government. On the basis of the above complaint/statement of ASI Balraj Singh, the impugned FIR (Annexure P -5) was registered for the offences punishable under Sections 152, 153, 186, 307 and 353, IPC. After completion of the investigation, the charge -sheet (report under Section 173, Cr.P.C.) was presented before the learned Area Judicial Magistrate. Since the offence under Section 307, IPC, was triable by the Court of Session, therefore, the case was committed to the Court of Session. Learned Sessions Judge assigned the case to the Court of learned Additional Sessions Judge, Tarn Taran.
(3.) AFTER hearing the parties, learned Additional Sessions Judge, vide his order dated 4.5.2011 (Annexure P -9), came to the conclusion that the only offences punishable under Sections 186 and 353, IPC, were made out, therefore, he framed the charges and remitted the case to the learned Area Judicial Magistrate, Tarn Taran, for trial, since the said offences were triable by the Magisterial Court. The petitioner, Manjinder Singh, has challenged the FIR (Annexure P -5), the order, dated 4.5.2011 (Annexure P -9), passed by the learned Additional Sessions Judge, Tarn Taran, and the charge -sheet (Annexure P -7), by way of present quahsing petition, as has been indicated in the first para of this judgment.;