LAWS(P&H)-2010-10-420

BIRENDER AND ORS Vs. BIRHAM PARKASH AND ANR

Decided On October 26, 2010
BIRENDER AND ORS Appellant
V/S
BIRHAM PARKASH AND ANR Respondents

JUDGEMENT

(1.) Present petition under Section 482 Cr.PC is for quashing of complaint bearing No. 22 dated 24.2.2010 pending in the court of ACJM, Rewari and the summoning order dated 22.2.2010 whereby the Petitioners-accused have been summoned to face trial for offences under Sections 148, 149, 323, 325, 307, 452, 506 and 34 of Indian Penal Code.

(2.) The contention raised by the Petitioners was that besides the registration of the FIR at the instance of the complainant-Respondent No. 1, a private complaint has also been filed by the complainant with respect to the same occurrence and they have been summoned without taking into consideration the mandate of Section 210 Cr.PC.

(3.) During the course of hearing it was noticed that there were two divergent reports by two different DSPs with regard to the alleged occurrence and, therefore, Inspector General of Police, South Range, Haryana had directed a fresh inquiry to be conducted by the officer of the rank of SP.