J.B.GARG, J. - (1.) SHAM Lal of Raipur Rani and six others have moved the present petition under Section 482 of the Cr.P.C. praying that a complaint instituted by Arun Kumar, Sub-Inspector of Police for offences under Sections 323/332/353/148/149 of the I.P.C. and the summoning order dated 30.1.1993 of the Judicial Magistrate I Class, Ambala be quashed.
(2.) BRIEFLY , the petitioners have alleged that the complaint instituted by Arun Kumar, Sub-Inspector of Police who was earlier posted at Police Station Naraingarh, relates to the incidents of 16.5.1989 and 17.5.1989 but the complaint has been filed on 28.1.1991 and obviously there is an inordinate delay in its institution; that at one stage, the complaint was made over to the Police under Section 156(3) of the Cr.P.C. and the police itself reached the conclusion that the allegations made against the present petitioners were false; that an F.I.R. was lodged by Dr. Vinod Gupta who was Medical Officer in the Primary Health Centre, Raipur Rani for offences under Sections 341/342/323/506/120-B of the I.P.C. and after investigation, a challan has also been presented in the Court of the Judicial Magistrate at Ambala and Arun Kumar is the accused in the aforesaid challan; that the complaint now in question is a kind of counter-blast to the F.I.R. registered against the respondent in which he is facing trial that in the complaint Annexure P-1, it has been alleged that Kehar Singh Rao, Deputy Superintendent of Police received injuries in the accident on 17.5.1989 but there is no medico-legal report and even the name of the aforesaid D.S.P. does not find mention in the list of witnesses; that the complainant Police Officer has, in fact, caused injuries to Dr. Vinod Gupta and the aforesaid occurrence created a stir in the area and the Sub Divisional Magistrate, Deputy Commissioner and the Superintendent of Police, Ambala, intervened and the matter cooled down after the suspension of the present respondent. It appears that on the statement of Dr. Vinod Gupta, F.I.R. No. 21 was registered on 19.5.1989 for offences under Sections 341/342/323 and 506 read with Section 120-B of the I.P.C. at Police Station Raipur Rani by Shri Narinder Kumar, Moh. Head Constable. The case was investigated and a challan has also been presented. This dispute allegedly arose between (sic) Dr. Vinod Gupta declined the local Police to make particular changes in a medico-legal report pertaining to one Dharam Pal. Though the original occurrence related to 16/17.5.1989, it occurred to Arun Kumar on 30.1.1991 that he may also implicate Sham Lal, Panch and several other residents of Raipur Rani and Naraingarh as a kind of counter-blast and F.I.R. No. 3 was registered on 30.1.1991 at the instance of Arun Kumar for offences under Sections 323/332/353/148/149 of the I.P.C. This case was investigated and Kehar Singh, S.H.O. Police Station, Raipur Rani came into the conclusion on 3.4.1992 that the allegations against Sham Lal and several others had no substance (Annexure P-3). Arun Kumar then took the step of instituting a private complaint which has resulted in the impugned summoning order dated 30.1.1993. A perusal of the complaint Annexure P-1 shows that it had no substance and the complaint moved it solely as a counter-blast to his own prosecution regarding which a challan is stated to be pending. This conclusion is that the present petition succeeds. The complaint and the impugned summoning order are hereby quashed. Petition succeeds.;