ZORA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Section 482 of Criminal Procedure of Code for quashing the summoning order dated 12.01.2009 (Annexure P4) passed by Additional Sessions Judge, Ambala on an application under Section 319 Cr.P.C.

(2.) The only allegation in the FIR against the petitioners is that petitioner No.1-Zora Singh was armed with gandasi and petitioner No. 2 Gulzar Singh was having lathi in his hand. No injury is said to have been inflicted by Zora Singh either on the complainant or on the deceased. Similarly, Gulzar Singh is also not attributed any injury. It was stated that they were involved due to old rivalry between two groups of the village politics. On investigation, both the petitioner were found innocent. Accordingly, their names were dropped by the Investigating Officer while presenting the challan.

(3.) Thereafter, statement of Jang Singh-PW5 was recorded on 12.01.2009. In his statement PW-5, simply stated that both petitioners i.e. Zora Singh and Gulzar Singh were present at the time of occurrence. From the perusal of the statement placed on record as Annexure P-2, it is evident that PW-5 Jang Singh also did not allege any injury to the petitioners. Subsequently, an application under Section 319 Cr.P.C. was filed on behalf of the prosecution. On the basis of the same, the petitioners have been summoned vide order dated 12.01.2009 (Annexure P4). The relevant portion of the Summoning order dated 12.01.2009 reads as under:-