Chander Bhusan Barowalia JUDGMENT
Chander Bhusan Barowalia, J.
1. The present petition is maintained by the petitioner under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for reinvestigation in the FIR No. 66/2016 dated 21.3.2016, under Sections 341, 323, 506 of the Indian Penal Code as well FIR No. 97/2016, dated 18.4.2016, under Section 325 of the Indian Penal Code, both registered at Police Station, Sadar, District Bilaspur and also for quashing the investigation in the aforesaid FIRs.
2. Briefly stating the facts, giving rise to the present petition are that on 20.3.2016, at about 10:30 PM, when the petitioner alongwith his friends were coming back from the Nalwari fair night function and when reached at the workshop of his father. They parked their motorcycle at the workshop, a car bearing No. HP24D-0553 came and stopped near the workshop and three persons, namely, Nishant Dabra, Ajay Singh and Anup Sharma, alighted from the car and asked the petitioner and his friends to disclose their names. On the intervention of the petitioner, Nishant Dabra, alongwith other two started beating the petitioner with fist and kick blows and friends of the petitioner tried to save him, but they were not stopped and continued to beat the petitioner, blood started oozing out from the face, mouth and other part of the petitioner's body, but the aforesaid persons did not stop here and continued beatings to the petitioner in a brutal manner. The sister-in-law (bhabi) of the petitioner came out of the house and intervened in the matter and the petitioner was saved from the clutches of respondents No. 5 to 7. Respondents No. 5 to 7 again threatened the petitioner that they will eliminate the petitioner, if they will meet him again. The condition of the petitioner became very critical and blood started oozing out from the nose and mouth and he was taken to the Government Hospital, Bilaspur and complaint regarding the aforesaid incident was lodged telephonically with Police Station, Bilaspur. Thereafter, the petitioner remained admitted in the hospital for four days and medical examination of the petitioner was done and x-ray of nasal bone was done and doctor opined that there was grievous injury on his person. Nishant Dabra-respondent No. 5, who has given beatings to the petitioner, is a policeman and also influential person. Respondents No. 5 to 7 influenced the investigation and no fair investigation was done in the matter. The petitioner written a letter to the Superintendent of Police, Vigilance, Mandi, for taking action against Nishant Dabra, who is posted at Vigilance Department at Bilaspur, with a request that he should not to interfere in the investigation. During the course of investigation, petitioner requested respondent No. 3 that there is a fracture in the nasal bone, as per the x-ray taken from the private x-ray centre and also requested to send the x-ray for opinion, but respondent No. 3 did not pay any heed to the request of the petitioner. Hence, the present petition.
3. Mr. B.S. Chauhan, learned Senior counsel appearing on behalf of the petitioner has argued that the investigation in this case is not conducted in a fair manner and the investigation so carried out to benefit to the respondents. He has argued that the investigation was conducted by same Investigating Officer, but with different results. He has further argued that the improvements in the prosecution story with regard to the weapon of offence from knife to dragger also show that it was malafide. He has also taken into consideration the fact tha........