Crl.M. No.31052-M of 2009 #1#
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
Crl.M. No.31052-M of 2009
Date of Order: 5.11.2009
Inderjit Singh and others
...Petitioners
Versus
State of Punjab
....Respondent
CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Rajiv Godara, Advocate for the petitioners. JASWANT SINGH,J (ORAL)
Petitioners, five in number, have approached this court under
Section 482 Cr.P.C for quashing qua them FIR No.207 dated 16.8.2009 U/ss
307/382/323/148/149 IPC and Section 25/27 of the Arms Act, Police
Station Sadar Fazilka.
It is stated that on 15.8.2009 at about 6.00 PM, petitioners
No.1,2 & 3 were present in their fields when they were attacked by eight
accused persons along with 4-5 unknown persons armed with deadly
weapons including the complainant Suba Singh on whose subsequent
statement, the FIR has been lodged. It is further stated that as a result of the
attack by Suba Singh and others, petitioner No.1 had suffered gunshot
injury and he was medicolegally examined in Civil Hospital, Fazilka on the
night of 15.8.2009. It was contended by learned counsel for the petitioners
Crl.M. No.31052-M of 2009 #2#
that the petitioners, however, could not lodge the FIR whereas aforesaid
Suba Singh got himself admitted in Civil Hospital, Fazilka at about 11.40
PM on 15.8.2009 and further got recorded the FIR with a view to counter
balance the situation and save themselves. It was contended that the
petitioners have been falsely implicated in the abovesaid FIR. By placing
reliance on documents annexed with the petition like x-ray report, MLR etc,
it was further contended that the FIR deserves to be quashed.
I have heard learned counsel for the parties.
From the contents of the FIR, it is clear that a serious
altercation has taken place between the two parties. From the documents
produced on record, prima facie it is also borne out that the injuries have
been inflicted from both sides. It is quite well-settled that this Court under
Section 482 Cr.P.C cannot embark upon any inquiry into allegations and
counter allegations, which are subject matter of evidence. It is appropriate
that the trial Court on the basis of the documents and evidence produced
before it decides such issues.
Therefore, I find no ground to interfere and quash the FIR.
Dismissed.
November 05, 2009 ( JASWANT SINGH ) manoj JUDGE