High Court Punjab-Haryana High Court

Manjit Singh And Others vs State Of Punjab And Another on 18 November, 2008

Punjab-Haryana High Court
Manjit Singh And Others vs State Of Punjab And Another on 18 November, 2008
                 Criminal Misc. No.6600 of 2008
                        in
                 Criminal Misc.No.1622-M of 2008.
                           -1-

In the High Court of Punjab and Haryana at Chandigarh.

                           Criminal Misc.No.6600 of 2008 in
                           Criminal Misc.No.1622-M of 2008.

                           Date of decision:18.11.2008.

Manjit Singh and others.

                                                    ...Petitioners.

           Versus

State of Punjab and another.

                                                    ...Respondents.

           ...

Coram:     Hon'ble Mr. Justice K. C. Puri.

           ...

Present:   Mr. M. S. Bedi, Advocate for respondent
           No.2/applicant.

           Mr. Vipin Mahajan Advocate for the petitioners.

           ...

K. C. Puri, J.

Order.

Through the instant application, Kartar Singh,

respondent No.2/applicant seeks recall of order dated 22.1.2008

passed by this Court whereby the complaint case was withdrawn
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from the Court of Additional Chief Judicial Magistrate, Gurdaspur

and transferred to Gram Panchayat Dehriwal Daroga, District

Gurdaspur for trial while keeping in view the provisions of

Section 44 of the Punjab Panchayati Raj Act, 1994.

The applicant has averred that no notice was issued and

on 4.2.2008, he came to know about the passing of the aforesaid

order from the Court of Additional Chief Judicial Magistrate,

Gurdaspur. He prays for recall of the said order on the grounds that

the complaint in question is a cross version of the First Information

Report No.146 dated 7.10.2006, under Sections 326, 324, 323, 34

IPC, Police Station Dehriwal in which he and his son Manjinder

Singh have been falsely implicated. There were injuries on his

person and that of his son Manjinder Singh which were noted in

the column of police action by the police. Since the police failed to

take any action against the persons named in the cross version,

therefore, the applicant had no other alternative except to file the

complainant, Annexure P-3 on which summoning order, Annexure

P-7, had been passed. The date,time and area of occurrence is the

same. It will only be determined on the conclusion of trial as to

which of the occurrences is correct. The cross case is to be decided
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by the same Court so as to avoid divergent views. The petitioners

by concealing important facts has obtained order dated 22.1.2008.

It has further been averred by the applicant that the

petitioners have been summoned under Sections 323, 379, 34 IPC.

As per Section 44 of the Punjab Panchayati Raj Act, 1994 and

Schedule II, Gram Panchayat can only try an offence under Section

379 IPC where the value of the property does not exceed Rs.250/-.

In the present case, it was specifically mentioned in the

complainant, Annexure P-3, that a gold chain was snatched from

the applicant by petitioners Surjit Singh and Sucha Singh. The

value of the gold chain could not be less than Rs.250/-. Therefore,

on this ground alone, the complaint case could not be withdrawn

from the Court of Additional Chief Judicial Magistrate, Gurdaspur.

The applicant further alleged that the police has planted

a false case against the applicant and his son under Section 326

IPC. The case being of version and cross version has, thus, to be

tried by the same Court. Since the case under Section 326 IPC

against the applicant and his son is pending in the Court of

Additional Chief Judicial Magistrate, Gurdaspur, therefore, the

complaint case, Annexure P-3, has also to be tried and decided by
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the same Court so as to secure the ends of justice.

The learned counsel for the applicant has argued on the

lines of his pleadings and has submitted that the complaint case

being a cross case of FIR No.146 dated 7.10.l2006, is to be tried by

the same Court along with the complaint under Sections 323,379,

34 IPC. It is further contended that no notice was issued to the

complainant/applicant before passing the impugned order which is

against the spirit of Section 210 Cr.P.C. The property stolen was

more than Rs.250/- and as such the Gram Panchayat has no

jurisdiction to try the complaint.

In reply to the above noted submission, the learned

counsel for the petitioners has submitted that the Criminal Court

has no jurisdiction to review its order. To support this contention,

he has relied upon authorities in cases Hari Singh Mann

v.Hrbhajan Singh Bajwa and others, JT 2000 (Suippl.2) SC 394

and Sunita Jain v. Pawan Kumar Jain and others, JT 2008(2)

SC 19. It is further contended that Section 482 Cr.P.C cannot be

invoked for recalling the order as there is no specific provision in

the Cr.P.C.

In reply to the above noted submissions, it is submitted
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that in both the authorities, relied upon by the counsel for the

petitioners, no case for interference by invoking the provisions of

Section 482 Cr.P.C was made out. In authority in case Hari Singh

Mann (supra), the Supreme Court gave direction to the police

authorities to make preliminary enquiry. So, in that case, no case

for invoking Section 482 Cr.P.C for recalling the order was made

out. However, in the present case, the impugned order was passed

against the spirit of law. The Gram Panchayat can only try case

under Section 379 IPC if the value of property involved is less than

Rs.250/-.The value of golden chain, in all probability, shall be

more than Rs.250/- and as such the panchayat has no jurisdiction

and, on that count, the impugned order is liable to be recalled. It is

further contended that the complaint case being a cross version of a

criminal case under Section 326 IPC vide FIR No.146 has to be

tried by the same Court.

I have carefully considered the said submissions and

have gone through the record of the case.

The provisions of Section 482 Cr.P.C are meant to

avoid abuse of process of law. So far as authority in case Hari

Singh Mann, (supra) is concerned, in that case, the Hon’ble High
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Court has issued direction to the police authorities to make

preliminary enquiry. In compliance to the said direction, the police

made enquiry and the opposite party filed Criminal Miscellaneous

Petition vide which the earlier direction issued to the authorities

was withdrawn. The order withdrawing the previous direction was

not meant to check the mis-carriage of justice. So, in these

circumstances,the Hon’ble Apex Court has held that the Court

should not have invoked the provisions of Section 482 Cr.P.C. In

the present case, the complaint case has been ordered to be sent to

the Gram Panchayat, in view of Section 44 of the Punjab

Panchayati Raj Act, 1994. The petitioners have not brought to the

notice of the Court that the value of the golden chain can be more

than Rs.250/-. According to Section 44 of the said Act, the Gram

Panchayat has only jurisdiction to try the case under Section 379

IPC if the value of stolen property is less than Rs.250/-. The value

of golden chain, in all probability, would be more than Rs.250/-.

So, the Gram Panchayat has no jurisdiction to try the said case.

Therefore, through the impugned order, the Gram Panchayat has

been entrusted with the case over which it has no power.

Otherwise,while passing the impugned order, it was not
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specifically brought to the notice of the Court that a criminal case

under Section 326 IPC was pending and according to the

provisions of the Code of Criminal Procedure, cross case has to be

tried by the same Court which is trying the criminal case. During

the course of arguments, it was not disputed that the complaint

transferred to the Gram Panchayat was a cross case of FIR No.146,

referred to above. So, in these circumstances, if the impugned

order is not recalled by invoking the provisions of Section 482 then

there will be violation of provisions of Section 210 Cr.C.P in

deciding the cross case together with the main case and the Gram

Panchayat will not be able to try this case as it is not invested with

the power of dealing with such a case in which the value of the

property stolen is more than Rs.250/-. So, to avoid that analogy, it

is a fit case to exercise power under Section 482 Cr.P.C. Authority

in case Sunita Jain (supra),is distinguishable as in that case, a

criminal complaint for demand of dowry as well as cruelty by

husband, his parents, brother and sister was filed under Sections

498A, 506, 406 read with Section 34, and Sections 3 and 4 of the

Dowry Prohibition Act, 1961. Charges were framed against the

husband, his parents, brother and sister. The accused persons filed
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a Revision Petition seeking quashing of charge. The High Court

partly allowed the Revision and quashed the charge framed against

the brother and sister of the husband but dismissed the same

against others. Special Leave Petition was also dismissed by the

Hon’ble Supreme Court. Thereafter the accused filed a petition for

quashing the charge which was allowed by the High Court. So, in

that case, when the matter has already been decided by the High

Court and confirmed by the Supreme Court, in those

circumstances, the Supreme Court has held that the High Court

should not have invoked the provisions of Section 482 Cr.P.C.

There was no abuse of process of the Court in that case. So, the

Supreme Court has held that the High Court should not have

invoked the provisions of Section 482 Cr.P.C in the same set of

litigation. In the present case, as discussed above, to check the

abuse of process of Court, order dated 22.1.2008 has to be set aside

by invoking the provisions of Section 482 Cr.P.C.

While issuing notice of motion vide order dated

15.2.2008, the operation of order dated 22.1.2008, was kept in

abeyance.

Therefore, the complaint, referred to above, shall be
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tried by the same Court which is dealing with the criminal case

vide First Information Report No.146 dated 7.10.2006, under

Sections 326, 324, 323, 34 IPC, Police Station Dehriwal.

This petition stands disposed of, in the above terms.




November 18,2008.                          ( K. C. Puri )
Jaggi                                           Judge