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High CourtsSingle Bench(2013) 09 P&H CK 0224

Arjan Dev vs The State of Punjab and Others

Punjab And Haryana At Chandigarh · Decided on 9 September 2013

HON’BLE JUDGES
Rekha Mittal, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous No. M 29841 of 2013

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Judgment

4 paragraphs · 341 words

Rekha Mittal, J.—The petitioner prays for quashing of FIR No. 120 dated 09.08.2013 under Sections 452, 323, 324, 506, 148, 149, 120-B IPC, registered at Police Station Adampur, Jalandhar as the private respondents in connivance with the local police registered a false case against the petitioner and issuance of direction to respondent No. 5 to 7 not to harass the petitioner and his family members. Counsel for the petitioner, in line with the averments raised, would contend that the petitioner suffered six injuries including injury on his forehead and was medico legally examined in Civil Hospital, Adampur and medico legal report was prepared on 05.08.2013. The petitioner was admitted in the hospital, but later, he was picked up from the hospital by the police in connivance with the private respondents and a false case has been registered against him on the next day i.e. 09.08.2013. The mother of the petitioner submitted a detailed representation to the Deputy Inspector General of Police, Jalandhar Range, but no action has been taken.

2.

I have heard counsel for the petitioner and perused the case file.

3.

The allegations raised in the petition do not indicate the date of occurrence in which the petitioner sustained injuries. The plea of the petitioner that he was picked up from the hospital and a false case was registered against him on the next day i.e. 09.08.2013, is falsified and belied from document (Annexure P1) as according to this document, patient namely, Arjan Dev was admitted on 08.08.2013 - became missing from bed (timing between 4.00 to 5.00 p.m.) not discharged by attending doctor on duty. Confirmed on phone from Dr. A.S. Duggal. The patient was not found on bed at 5.15 pm on 12.08.2013.

4.

Since the allegations of the petitioner are found to be false in view of documentary evidence produced by the petitioner, I do not think it to be a fit case, wherein the petitioner deserves indulgence of this Court in exercise of extra ordinary jurisdiction u/s 482 of the Code of Criminal Procedure. Dismissed.