J.B.GARG,J - (1.) SARDARA Singh son of Mange Ram resident of village Karontha, Tehsil and Distt. Rohtak, has moved the present petition under Section 482 of the Code of Criminal Procedure challenging the proceedings initiated against him under Sections 107/151 of the Code of Criminal Procedure by means of Daily Diary No. 38 of 1.5.1993 of Police Station Civil Lines, Rohtak.
(2.) THE petitioner has alleged that he himself had been in the police department but at the age of 54, he lost his eye sight and on account of his blindness which was recorded by a Medical Board on 1.9.1989, he has been retired from service with effect from 6.9.89. Thereafter, he was not even capable of walking on the road without the assistance of some person or persons and he is passing a kind of miserable life in his own house in village Karontha. Smt. Seema is married to Vinod Kumar a nephew of the petitioner and there is a matrimonial dispute between the two and with a view to wreak vengeance he has been falsely implicated in the proceedings under Sections 107/151 of the Code of Criminal Procedure. It has further been alleged that the petitioner has been subjected to injuries at the instance of the complainant and he may like to seek his own remedy in respect of the injuries inflicted upon him and his implication under Sections 107/151 Cr.P.C. is malicious and is liable to be quashed. A certificate regarding his blindness dated 6.9.89 issued by the Medical Board is Ex. P-1. In a reply dated 1.7.1993 filed by Smt. Raj Shree Deputy Superintendent of Police Rohtak, it has been averred that the petitioner was not taken to the Police Station, Civil Lines, Rohtak at her instance. It appears that Smt. Seema has instituted proceedings under Section 498-A of the Indian Penal Code which are pending in the Court of a Judicial Magistrate or in other words there is a matrimonial dispute between Seema and her own husband and there appears to be no good ground for prosecution of the petitioner, almost a blind person. In the circumstances of the case, the present petition is hereby accepted and the proceedings under Sections 107/151. of the Code of Criminal Procedure are hereby quashed qua the petitioner only. Petition accepted.;