Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 363

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Jasgurpreet Singh Puri, J.
Bennett Coleman And Company Limited – Appellant
Versus
State Of Haryana & Ors. – Respondents
CRM-M-52970-2022 (O&M);CRM-M-45011-2022 (O&M) and CRM-M-60080-2022 (O&M)
Decided On : 29-03-2023

Advocates appeared:
Mr. R.S Rai, Senior Advocate assisted by Mr. Pawan Narang, Advocate, Mr. Mayank, Advocate and Mr. Farhad Kohli, Advocate, Mr. G.S. Sawhney, Advocate, for the Appellant; Ms. Nidhi Garg, AAG, Haryana., for the Respondent

The main legal point established is that the provisions of Section 311 Cr.P.C can be invoked by any person able to show that the evidence of the witness sought to be examined is necessary for a just decision of the case, and the power must be exercised in a careful, diligent, and judicious manner.

Headnote:
Locus Standi - Quashing of Order - Section 311 of Cr.P.C - [Bennett Coleman and Company Limited Versus State of Haryana and others] - [Section 311 of Cr.P.C] - The court discussed the scope of Section 311 Cr.P.C and held that the provisions can be invoked by any person able to show that the evidence of the witness sought to be examined is necessary for a just decision of the case. The court emphasized that the power must be exercised in a careful, diligent, and judicious manner, and set aside the impugned order dismissing the application on the ground of locus standi.
Fact of the Case:

The petitioner sought quashing of an order dismissing their application under Section 311 of Cr.P.C for summoning a competent person to issue a certificate under Section 65-B of the Indian Evidence Act. The application was dismissed on the ground of locus standi.
Finding of the Court:

The court found that the petitioner, although not a victim or complainant, could file an application under Section 311 Cr.P.C based on the facts and circumstances. It held that the subject matter of the telecast was related to the FIR and the evidence sought to be produced was necessary for a just decision of the case.
Issues: The issues involved were the scope of Section 311 Cr.P.C and whether the petitioner had locus standi to file the application.
Ratio Decidendi: The court held that the provisions of Section 311 Cr.P.C can be invoked by any person able to show that the evidence of the witness sought to be examined is necessary for a just decision of the case. It emphasized that the power must be exercised in a careful, diligent, and judicious manner.
Final Decision: The court set aside the impugned order and directed the trial court to decide the application afresh on its merits and in accordance with the law.

JUDGMENT

Jasgurpreet Singh Puri, J. - Vide order dated 20.12.20202, CRM-M-45011-2022 was directed to be heard alongwith CRM-M-52970-2022 and therefore all the three petitions are taken up together for final disposal with the consent of learned counsels for the parties since the subject matter is inter-related.

2. CRM-M-52970-2022, titled Bennett Coleman and Company Limited Versus State of Haryana and others has been filed seeking quashing of order dated 20.10.2022 (Annexure P-1) whereby the application filed by the petitioner under Section 311 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C') has been dismissed by the learned trial Court.

3. CRM-M-60080-2022 has been filed by the petitioner Sahzad seeking grant of regular bail. Similarly, CRM-M-45011-2022 is also filed by the same petitioner Sahzad seeking grant of regular bail in a different FIR.

4. CRM-M-52970-2022 wherein the prayer is for grant of quashing of order dated 20.10.2022 (Annexure P-1), the aforesaid petitioner Sahzad alongwith other two co-accused were also impleaded as respondents.

All of them were served but only Sahzad is being represented by the learned counsel who is also the counsel in his bail petition.

5. There are two FIRs against the petitioner Sahzad in which the present two bail petitions have been filed. One is CRM-M-60080-2022 which pertains to FIR No.208 dated 22.08.2021, under Sections 153-A, 295-A, 342 and 506 IPC, registered at Police Station City Nuh, District Nuh (Mewat) and second is CRM-M-45011-2022 which pertains to FIR No.126 dated 21.08.2021, under Sections 153-A, 295-A, 298, 323, 406 and 506 IPC, registered at Police Station Rozaka Meo, District Mewat. The allegations in both the FIRs are almost similar in nature. Since the quashing petition has been filed pertaining to FIR No.208 dated 22.08.2021, the facts are being taken from the aforesaid FIR. The quashing petition and the bail petitions shall be considered separately in this order.

CRM-M-52970-2022

(Bennett Coleman and Company Limited

Versus

State of Haryana and others)

6. FIR No.208 dated 21.08.2021 was registered vide Annexure P-2 against one Abu Bakar on the basis of a complaint made by complainant namely Devinder @ Lillu by alleging that a few years back he had a rift with his family and due to which, he was going through a mental trauma. The aforesaid accused namely Abu Bakar who used to get people religiously converted, took advantage of the same and instigated him and his family and also lured him for getting him a good job. Thereafter, in the year 2017, he took him to a place in Delhi in his car and got forcibly converted him into Islam religion. Thereafter, the aforesaid accused threatened to kill him and forcibly sent him to his Jamaat. He used abusive languages and derogatory remarks against Hindu religion, Idol Worship and Hindu deities. During Jamaat as well, he provoked him against Hindu religion and the aforesaid accused Abu Bakar paid him Rs. 7000/8000/- via a people in the Jamaat in lieu of his conversion to Islam. The aforesaid accused also prepared his conversion papers and changed his name to Mohamed Jaid. When he had sent him to Jamaat, then he had held two of his minor children with him and pressed them also to convert to Islam. He alongwith his family were able to get out of their clutches and tortures with great difficulty in February, 2020 and their life was under great threat from these people. Now they are living away from Nuh. Now again on one day, he met aforesaid Abu Bakar and he threatened him that if he did not again convert to Islam, then they will kill him and his entire family. It is further stated in the complaint that during his conversion, he heard about some Kalim Siddiqui and Global Peace Centre from Abu Bakar which is being run by him under which he finds poor, helpless children and people and lures them for money, property and marriage and gets them converted to Islam.

7. The present is a petition which has been filed by one news