HARMOHINDER KAUR SANDHU,J - (1.) JAGMOHAN Singh has filed this petition under Section 482 of the Code of Criminal Procedure for quashing F.I.R. No. 14 dated 27.1.1991 registered at Police Station Zira under Section 336 of the Indian Penal Code and Section 25 of the Arms Act and the proceedings arising therefrom pending in the court of Judicial Magistrate, 1st Class, Zira.
(2.) A case against Jagmohan Singh was registered on an application submitted by one Mohinder Singh to the Station House Officer, Police Station, Zira, which was as under :- "Sir, It is submitted that I am a resident of village Behak Gujran. Today on 25.1.91, I along with Karnail Singh s/o Ram Singh resident of Chgali, P. S. Mallanwala, was travelling by my jeep at about 6.15 p.m. after having started from the house of Jujhar Singh s/o Gurdial Singh resident of Zira, whose sister's marriage was being solemnised. I was on way to my village Behak Gujran and was driving the jeep myself. When we reached near the agency for Ford tractors, a white Maruti Car bearing No. 2584 came from the opposite side. It was being driven by Jasbir Singh r/o Bandala Nau Bamb. The occupants of the car were Jagmohan Singh @ Jagga son of Baldev Singh Brar, Dalip and Chamkaur Singh ss/o Joginder Singh, resident of Lehra Rohi and Jaswinder Singh s/o Balwinder Singh r/o Bothianwala, Jagmohan Singh @ Jagga aforesaid was armed with a .315 bore rifle, Chamkaur Singh s/o Joginder Singh was carrying a 12 bore DBBL gun and Jaswinder Singh also appeared to be armed. On seeing my jeep, Jagmohan Singh fired from his .315 bore rifle but my jeep was at a fast speed and the fire proved ineffective because the jeep had covered a distance. In the meantime, another shot was fired towards the jeep but I sped away with the jeep. If I had not sped away on the jeep, the shots would have hit me. Action be taken. Sd/- Mohinderjit Singh s/o Gurdip Singh r/o Behak Gujran, 25.1.91." After registration of the case, investigation was conducted and it was found that the applicant had wrongly mentioned the names of Jaswinder Singh and Chamkaur Singh. Jaswinder Singh was implicated due to party faction. So challan under Section 173 Cr.P.C. was presented only against Jagmohan Singh. Jagmohan Singh was charge-sheeted on 28.8.1991 for firing rounds from his licensed .315 rifle rashly and negligently so as to endanger human life, punishable under Section 336 of the Indian Penal Code. The petitioner alleged that even if the entire allegations made in the First Information Report were taken on their face value, no offence under Section 336 of the Indian Penal Code was made out. There was no averment that the act of the petitioner endangered human life. The provisions of Section 336 I.P.C. were not attracted in a case of specific assault. The police could not record the statement of any person from the neighbouring area and thus there was no legal evidence to constitute any offence.
(3.) IN the return filed by the respondent, the allegations made in the petition were denied but this fact was admitted that the relations between the parties were inimical.;