Naresh Kumar Sanghi, J. - (1.) Prayer in this petition is for quashing of FIR No. 130, dated 24.10.2011, under Sections 148 427, 447, 451 and 506 read with Section 149 of the Indian Penal Code, registered at Police Station, Dehlon, District Ludhiana, and all the consequential proceedings emanating therefrom.
(2.) Brief facts in a nutshell are that Gurmeet Singh, respondent No.2-complainant, lodged a report with the police with the allegations that he had purchased a house measuring 10 biswas and raised boundary wall around the vacant plot lying in front of his house. The pavement work of the street adjoining to the boundary wall of the respondent No.2-complainant was being got executed by the panchayat and the same was completed on 23.10.2011. On the intervening night of 23rd and 24th October, 2011 at about 11.35 P.M., Rajinder Singh-petitioner, Manjit Singh alias Rana, Pal Singh, Baldev Singh, Sohan Singh (respondent No.4) and Sohan Singh (respondent No.5) along with about 100 unidentified persons of the village of the complainant came there and demolished the boundary wall with the help of a tractor and uprooted the pavement of the street and threw the bricks on the gate of the complainant-respondent No.2. The assailants also hurled abuses in the name of respondent No.2-complainant. Resultantly, he did not come out of the house. The petitioner parked their tractor in front of the house of respondent No.2-complainant. In the morning, the respondent No.2-complainant informed Harbans Singh, Sarpanch of the village. The panchayat by its own passed a resolution in that regard. On the basis of the above statement, the impugned FIR alleging the commission of the offences punishable under Sections 148 427, 447, 451 and 506 read with Section 149 of the Indian Penal Code, was registered.
(3.) After thorough investigation, the charge sheet was presented by the police before the learned Area Judicial Magistrate who, after finding a prima facie case, framed the charges against the petitioners.;