Mr. Mehinder Singh Sullar, J. (Oral) - The contour of the facts, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, is that, in the wake of medical ruqqa, HC Salandi Kumar went to Civil Hospital, Yamunanagar and collected the MLR. He recorded the statement of injured-petitioner Vishal Singla, which was to the following effect:-

“I reside at the above mentioned address and I have got a shop of ready made garments in Chhachhrauli. The business in my shop was in recession. Jagdish Madan son of Shadi Lal r/o Khatri and Avinash Kumar son of Phul Chand caste Brahmin r/o Chhachhrauli had been visiting my shop quite often. They told me that as my business was in recession and therefore, they could arrange a Govt. job for me and in lieu of it they would charge a sum of Rs.2 lacs because they have got very good influence. Jagdish Madan and Avinash Kumar came to my residence on 20.6.2007 in the evening and demanded a sum of Rs.2 lacs. At that time my father and Baldev Singh son of Gian Singh r/o Chhachhrauli were present and that my father gave a sum of Rs.2 lacs to them and they promised that by August, 2007 I would get a job but till today I did not get any job therefore we demanded the money back but they continued putting off the matter. Yesterday, i.e. on 30.10.2008 in the evening I went to the shop of Jagdish Kumar Madan to demand money back and Avinash Kumar was present there. They told that on the next day i.e. 31.10.2008, my money amounting to Rs.2 lacs would be returned to me and I should reach Fawara Chowk Yamuna Nagar at 1.30 p.m. and accordingly as told I reached Fawara Chowk Yamuna Nagar at 1.30 pm. Jagdish Madan and Avinash Kumar had already present there along with one Honda Eterno of black colour and they told me to sit on the same. I took the seat between those two persons and they took me from city center, ahead of Shamshan Ghat. I enquired from them as to which place they were asking me and then they stopped Honda Eterno and pushed me and threw me on the road and started giving fist blows. Jagdish Madan took out from his pocket a knife and gave a blow which hit the left shoulder and second blow hit my right shoulder and Avinash Kumar gave kick blows which hit my left hand and then both these persons gave kick blows on various part of my body. I raised alarm maar ditta maar dita and on hearing the alarm, Gurcharan Singh son of S.Ishar Singh r/o Ranjit Gali and Gurjinder Singh son of Ajaib Singh r/o Shahpur PS Bilaspur came to the spot and they rescued me from them. Had they not rescued me, more injuries would have been caused to me. While running away they stated that I have been saved that day but in future they would finish me and then both of them ran away from the spot alongwith Honda Eterno. Gurcharan Singh got me admitted in civil hospital Yamuna Nagar where I am under treatment. Legal action may be taken against Jagdish Madan and Avinash Kumar. I have heard the statement and it is correct.”

2. On the basis of aforesaid allegations, a criminal case was registered against the accused-private respondents, on accusation of having committed the offences punishable under sections 323, 324 and 506 read with section 34 IPC by the police of Police Station City Yamuna Nagar.

3. During the course of investigation, the SHO of the Police Station, City Yamuna Nagar came to the conclusion that the petitioner has got registered a false case against the private respondents and recommended for cancellation of the case. The Superintendent of Police forwarded the cancellation report to the Magistrate, by virtue of report dated 28.4.2009 (Annexure P1).

4. Aggrieved by the action of the police, the petitioner filed a protest petition (Annexure P3) in the trial Court. He has also filed a criminal complaint (Annexure P4) against all the accused-respondents for the commission of offences punishable under sections 165, 166, 167