- (1.) This application has been filed under Section 378(4) Cr.P.C. seeking leave to file an appeal against judgment of acquittal dated 27.7.2010.
(2.) Respondent Nos.2 to 4 were named as accused in FIR No.64 dated 10.9.1998 registered in Police Station Badhni Kalan, district Moga for commission of offences under Sections 307, 427/ 34 IPC. It was an allegation against them that on 17.6.1998, they in furtherance to common intention had made an attempt to commit murder of Mohan Lal. Chamkaur Singh respondent No.2, to fulfill that object struck his truck bearing No.PB04E-9632 against Car No.DIA No.3861 being driven by the complainant. The trial Judge has noted down the following facts regarding case of the prosecution:- "that on 10.8.1998 complainant Mohan Lal submitted a written application Ex.P1 to IG Police, Patiala for taking action against Chamkaur Singh on the allegations that on 17.6.1998 at about 4.30 p.m. Chamkaur Singh had struck a truck no.PB 04E 9632 in the car driven by the complainant due to which back portion of the car had badly damaged. It is also alleged in Ex.P1 that at that time, accused was accompanied by 4-5 more persons and complainant himself had run away from the spot. It is also asserted in Ex.P1 that in fact the complainant has been running the business of "committees" and Rs.2,50,000/- were due towards accused Chamkaur Singh but on demand he refused to return this amount. Therefore, the complainant submitted an application on 11.3.1997 to SSP Moga and due to this he suspected that accused wanted to kill him."
(3.) On receipt of application (Ex.P1), an inquiry was conducted by SSP Moga. The allegations were found to be false. A report to cancel the FIR was submitted, which was rejected by the concerned Magistrate. The investigation was again initiated against respondent Nos.2 to 4. The investigating officer after completing legal formalities and getting legal opinion submitted a final report in Court. Copies of the documents were supplied to the above respondents as per norms. Vide order dated 27.1.2006, the case was committed to the competent Court for trial.;