(1.) . Heard. Ld. counsel for Respondents No. 2 to 5 concedes that the complaint case as well as the police report both shall form the basis for prosecuting the accused and leading evidence. If that is so, no much dispute remains in between the parties, excepting the representation of the complainant.
(2.) . I have considered the judgment in Harjinder Singh Vs. State of Punjab & Ors., AIR 1985 SC 404 and it appears that it is not applicable to the facts of the present case.
(3.) . Ld. counsel for the Respondents No. 2 to 5 relies uponB.B. Mitra's Code of Criminal Procedure, 16th Edn. page 1257 where the learned author has observed as under: