IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

236 Date of decision: 10.02.2026 Om Parkash ...Petitioner VERSUS State of Haryana & others ...Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Mandeep Singla, Advocate for the petitioner.

Mr. Onkar Singh Wahla, Sr. DAG, Haryana .

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VINOD S. BHARDWAJ, J. (Oral)

The instant revision petition has been preferred against the judgment dated 11.11.2021 passed by the Court of Sessions Judge, Sirsa whereby the appeal preferred the by the respondents against the judgment of conviction dated 02.09.2021 and order of sentence dated 06.09.2021 passed by the Judicial Magistrate First Class, Ellenabad in criminal complaint bearing CIS No.COMI-63-2015 titled ’Om Parkash Vs. Om Parkash and others ‘had been allowed and the respondents were acquitted of the charge framed against them.

2. Briefly stated, the present complaint was instituted by Om Parkash, who stated that his father was suffering from mental instability and that the respondents–accused, taking undue advantage of his father’s mental incapacity, induced him to execute an agreement to sell in respect of 12 Kanals of agricultural land, upon which a dhani had been constructed by the complainant. Upon learning of the said agreement, the complainant instituted a civil suit for permanent injunction against Kashmiri Lal, which is stated to be pending before the Court of the learned Additional Civil Judge (Senior Division), Ellenabad. It is further alleged that on 29.04.2014, accused Om Parkash son of Modan Ram, Anil Kumar son of Om Parkash, and Jaswant @ Lala Patwari son of Modan Ram visited the dhani and threatened the complainant to vacate the premises along with his family, asserting that they had purchased the land and warning that failure to do so would result in dire consequences, including elimination. On account thereof, Manoj Kumar, brother of the complainant, approached the Kariwala Police Post to lodge a complaint. However, it is alleged that when he reached the police post, the accused were already present and, in the presence of police officials, abused him, snatched his complaint, and tore it into pieces. Though a subsequent complaint was allegedly submitted to senior police authorities, no action was stated to have been taken. The complainant further alleges that on 12.05.2014 at about 8:00–8:30 P.M., all the accused arrived at the dhani in two tractors one Sonalika and one Swaraj 855armed with lathis and dandas. Upon reaching the spot, accused Anil Kumar and Jaswant @ Lala Patwari raised a lalkara, calling upon the complainant and his family to come out. When the complainant and his family members attempted to pacify them on the ground that a civil suit was pending, the accused allegedly became aggressive. It is specifically stated that Jaswant @ Lala Patwari inflicted a lathi blow below the left knee and on the back of the right leg of the complainant. Accused Om Parkash is stated to have struck a lathi blow on the complainant’s left knee, while accused Anil Kumar dealt lathi blows on his right elbow, right leg, and right thigh. When Manoj Kumar intervened to rescue his brother, he too was assaulted with lathi and danda blows, resulting in injuries to his elbow, lower back, left shoulder, right knee, left index finger, right little finger, and right knee. On raising alarm, the complainant’s mother, Nirmala Devi, and Mamta @ Saroj, wife of Manoj Kumar, reached the spot and intervened, whereupon the accused fled. Before leaving, they are stated to have threatened to eliminate the complainant and his family at the next available opportunity. Thereafter, Mangat Ram arranged a vehicle and the complainant was taken to CHC Rania, from where he was referred to General Hospital, Sirsa. An X- ray examination was conducted, which revealed a fracture in the complainant’s left leg. It is further alleged that the police conducted only a perfunctory investigation and, in collusion with the accused, initiated proceed