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No.1200 of 2012 (O&M) [ 1 ].IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl.
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No.1200 of 2012 (O&M) Date of Decision: July 29, 2013 Rinkoo @ Bharat Bhushan and others .........Petitioners Versus State of Punjab .......................................Respondent Coram: Hon'ble Ms.Justice Ritu Bahri 1.To be referred to the Reporters or not?.”
2. Whether the judgment should be reported in the Digest?.
Present: Mr.Dilpreet Singh, Advocate for the petitioneRs.Mr.Gurveer Sidhu, AAG, Punjab..RITU BAHRI, J.
(Oral) Challenge is to the order dated 7.3.2012 passed by the Additional Sessions Judge, Ludhiana whereby the charge under Section 307 IPC was framed against the petitioners in Case No.56 of 2011 rising out of FIR No.17 dated 26.1.2011 under Sections 323, 186, 353, 427, 148, 149 IPC and Section 3/4 of Prevention of Damage to Public Property Act registered at Police Station GRPS, Ludhiana.
The FIR has been registered on the statement of Shri D.S.Garcha, Excise & Taxation Officer, Ludhiana, with the following allegation:- On the intervening night of 25.1.2011 and Kaur Rupinder 2013.08.02 10:26 I attest to the accuracy and integrity of this document Chandigarh Crl.
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No.1200 of 2012 (O&M) [ 2 ].26.1.2011 at around 12:45 a.m.-1 a.m., I alongwith the undersigned staff were on duty at the Ludhaina railway station and then we went for a round towards the wooden bridge side in our official vehicle PB-10-AM-0039 and then 8-10 cars laden with Hosiery goods came across us so we asked them to stop.
Instead of stopping, they rushed towards the railway platform and one auto loaded with goods (color blue 0043) hit our official vehicle PB-10-AM-0039 and caused a lot of damage to it.
There were 20-25 people with those caRs.and prominent among those were Raju Lamba, Raju Tel Chor, YP, Lucky, Rinku, Deepu Naali Mohle Vaala, Jony, Tony, Guddu Sunder Nagar Wala, Baashi Naali Mohle Vaala, and Rinkoo.
They attacked the undersigned and driver Jarnail Singh with sticks and were successful in taking Kuku Mal's cars to the railway station.
Out of these caRs.1 car was Tata Mobile 207 (Number not noted) which was carrying 12 boxes of Hosiery goods.
Earlier mentioned auto 0043 and two more autos PB-10-CG-0449 and PB-10-BP-9987 were successful in absconding.
Rest 4 autos, out of which 3 were carrying 1 box each and the fourth was empty, have been impounded and kept at Kaur Rupinder 2013.08.02 10:26 I attest to the accuracy and integrity of this document Chandigarh Crl.
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No.1200 of 2012 (O&M) [ 3 ].P.S.Kotwali.
Their numbers are (1) PB-10-BH-1236, (2) PB-10-CD-9630, (3) PB-10-CS-0250, (4) PB-10- BW 2462.
It is requested that strict legal action be taken against the above mentioned accused and the owners of the above mentioned vehicles.
Driver of our official vehicle, Jarnail Singh has been grievously injured by the accused and they have stopped public servants from performing their duty.”
As per the complainant, he along with his staff was on duty at Ludhiana Railway Station in their official vehicle and they found 8-10 cars loaded with Hosiery goods came across and when they were asked to stop they rushed towards the railway platform and one auto loaded with goods (blue color) hit their official vehicle and caused a lot of damage.
20-25 persons from the other cars came out and attacked the driver-Jarnail Singh with sticks.
FIR under Sections 323, 186, 353, 427, 148 and 149 IPC was registered.
The driver of the official vehicle Jarnail Singh was medically examined and after getting the MLR a supplementary challan (Annexure P5) was presented.
Once this fact is not disputed that the train was not moving the allegation of the driver of the bus that the Kaur Rupinder 2013.08.02 10:26 I attest to the accuracy and integrity of this document Chandigarh Crl.
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No.1200 of 2012 (O&M) [ 4 ].above mentioned persons after giving him beatings had thrown him between the Railway Lines in front of a moving train so as to kill him and he had with great difficulty saved himself by running from the Railway Lines does not exist.
Reference has been made to a Certificate dated 20.7.2011 (Annexure P4) which is issued by the Station Superintendent, Northern Railways, Ludhiana.
This Court had verified the Certificate after going through the vernacular produced in Court which showed that the Certificate was genuine.
There was no movement of the Engine in T-3 riding and T-4 riding on 26.1.2011 from 00:00 hrs to 4 hRs.With this finding of fact the offence under section 307 IPC is not made out at this stage.
The order dated 7.3.2012 framing charge is hereby quashed qua Section 307 IPC and the trial Court is directed to proceed with the trial for offence under Sections 353/186/332/148/149 IPC, Section 3/4 of Prevention of Damage to Public Property Act and Section 173 Cr.P.C.The impugned order dated 7.3.2012 passed by the Additional Sessions Judge, Ludhiana, in case No.56 of 2011 is modified to this extent.
The petition is partly allowed.
29.7.2013 ( RITU BAHRI ) Rupi JUDGE Kaur Rupinder 2013.08.02 10:26 I attest to the accuracy and integrity of this document Chandigarh