Roop Singh And ORS v. State Of Haryana And Another

CRM-M-8306 of 2021 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-8306 of 2021 Date of decision:22.02.2021 Roop Singh and others ... Petitioners Vs.

State of Haryana and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. G.S.Sidhu, Advocate for the petitioners.

SUVIR SEHGAL, J.

The Court has been convened through video conferencing due to Covid-19 pandemic.

Instant petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of the FIR No.0066 dated 03.02.2021 (Annexure P-1) registered under Sections 148, 149, 323, 325 and 506 of Indian Penal Code, 1860 at Police Station Meham, District Rohtak including all the subsequent proceedings arising therefrom. Counsel for the petitioners has been heard.

A perusal of the impugned FIR (Annexure P-1) shows that there are specific and categoric allegations against the petitioners, all of whom have been named, of causing injuries to the complainant and his family members. The injured have been medically examined and medical reports have been prepared, copies of which were sought by the petitioners SAVITA KADIAN 2021.02.26 16:51 I attest to the accuracy and integrity of this document High Court Chandigarh

CRM-M-8306 of 2021 {2} by filing an application before the trial Court but the same was declined by the Sub Divisional Judicial Magistrate, Meham, vide order dated 12.02.2021 (Annexure P-2). Still further, reliance placed by the petitioners on the affidavits (Annexures P-3 to P-5) of the alleged eye witnesses, wherein it has been deposed that the complainant and his relatives were aggressors and the petitioners have suffered injuries at their hands, cannot be gone into under Section 482 Cr.P.C.

The instant case does not fall in any of the categories laid down by the Hon'ble Supreme Court in State of Haryana and others Vs. Bhajan Lal and others 1992 Suppl.(1) SCC 355 which has been followed by the Apex Court in M/s. Pepsi Foods Limited and another Vs. Special Judicial Magistrate and others 1997(4) RCR (Criminal) 761. Finding no merit in the petition, same is dismissed. It is clarified that any observation made hereinabove shall not be construed to be a reflection of opinion on the merits of the case. (SUVIR SEHGAL) JUDGE February 22, 2021 savita Whether Speaking/Reasoned Yes Whether Reportable Yes/No SAVITA KADIAN 2021.02.26 16:51 I attest to the accuracy and integrity of this document High Court Chandigarh