DARSHAN SINGH Vs. SUKHDEV SINGH

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. for quashing of the order dated 02.08.2008 passed by the Judicial Magistrate Ist Class, Moga in a complaint No. 82/3-06 titled as Darshan Singh v. Sukhdev Singh and others with a further prayer to the Judicial Magistrate Ist Class, Moga to commit the case to the Court of Additional Sessions Judge, Moga where another trial is pending against the petitioner on the same cause of action.

(2.) Facts of the case are that on 10.01.2006, when the petitioner was present in his house at Village Safuwala, all the respondents armed with sota entered into the house of the petitioner. Respondent No. 6 raised lalkara that Darshan Singh may be taught lesson for not transferring his land in her name. Then all the respondents namely Sukhdev Singh, Daljit Singh, Gurprit Singh, Pritpal Singh and Harbans Kaur caused injuries to the petitioner with their respective weapons which hit the petitioner on head, thigh and arm. They also scattered all house articles of the house of the petitioner. The petitioner raised alarm and on hearing the noise, many people from the neighbourhood i.e. Gurnek Singh son of Sardara Singh Mohinder Kaur wife of Surjit Singh, Gurtej Singh son of Pakhar Singh and others came into the house of the petitioner and rescued the petitioner from the respondents and during that scuffle, respondent No. 6 received some injuries. After that all the respondents fled away from there with their weapons. Then Gurnek Singh got the petitioner admitted in Civil Hospital, Darol Bhai and the petitioner was medico legally examined and the injuries were also x-rayed. In the hospital, police came on same day and the petitioner narrated the whole occurrence to the police but the police did not record any statement but got the signatures of the petitioner on blank papers. That when the petitioner was discharged from the hospital, the petitioner came to know that police had registered a false case against the petitioner, his wife and his son under section 406/498-A/323/34 IPC but did not take any action against the respondents for the injuries caused to the petitioner. That left with no other remedy, the petitioner filed a complaint under Sections 452, 323, 148, 149 in the Court of Judicial Magistrate Ist Class, Moga. After recording the preliminary evidence, the respondents were summoned vide summoning order dated 23.04.2007. Meanwhile, the challan in the above said FIR registered against the petitioner, his wife and son was presented and the said case was committed to the Court of Mrs. Amarjot Bhatti, Additional Sessions Judge, Moga. The said trial is still pending in the above said Court.

(3.) Since both the cases arise out the same occurrence, the petitioner moved an application with a prayer that the complaint case is a cross case and so to avoid conflict in decision, the present complaint be committed to the Sessions Court along with the said case. However, the said application was dismissed on the ground that the State case is at the evidence stage.