KALA SINGH @ DALJIT SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-1993-7-104
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 06,1993

Kala Singh @ Daljit Singh Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

S.S.GREWAL,J - (1.) PROCEEDINGS in this case were stayed as far back as 20th of February, 1991. Reply on behalf of the State was filed on 10th of January, 1992 and the case was adjourned for 13th of March, 1992 for arguments. Today when this case came up for hearing the learned counsel for the petitioner is not present. Since this old case is lingering on, there is no other option but to dispose of this case in absence of the counsel for the petitioners.
(2.) THIS petition relates to quashment of FIR No. 56 registered at Police Station, Samana, district Patiala on 27-3-1990 under Section 363/365/366/452 of the Indian Penal Code and consequent proceeding taken thereunder. In brief facts relevant for the disposal of this petition as emerge from the first information report lodged by Major Singh PW are that his sister Rajwant Kaur aged about 17 years, was married to kala Singh resident of Shahabad on the recommendations of his sister's husband Swaran Singh. Both of them separated after sometime and on the intervention of the respectables their marital relations were ceased. About a month back Rajwant Kaur was engaged to one Angrez Singh. On the night intervening 22/23-3-1990 the first informant and his sister Rajwant Kaur were lying sleep in the courtyard of their house. Lights on all sides of their house on. At about 1 a.m. a green coloured Maruti Van stopped at the outer gate (without shutters) of their house. At that time Kala Singh, Nishan Singh accused came out of the Van, trespassed in the courtyard of the house of the first informant, woke up Rajwant Kaur and tried to take her with them. She raised alarm. The first informant also tried to save his sister from the clutches of the said accused. On hearing roula Kalu Ram Harijan whose house is situated in front of the house of complainant party, came out in the nearby lane. Darshan Singh accused was also present nearby, at that stage. After opening the door of the said Van Kala Singh and Nishan Singh forcibly took Rajwant Kaur in their van. Inspite of search made by complainant party whereabouts of Rajwant Kaur could not be ascertained. According to the first informant his sister Rajwant Kaur was forcibly taken away by Kala Singh and Nishan Singh after they came to know about the subsequent engagement of Rajwant Kaur.
(3.) I have carefully perused the record with the help of Mr. IPS Sidhu, Assistant Advocate General, Punjab.;


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