BHUPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed by the complainant-petitioner under Section 401 of the Code of Criminal Procedure ("Cr.P.C" for short) challenging the order dated 6.3.2009 passed by the Additional Sessions Judge Ludhiana, whereby the application filed by the State under Section 319 Cr.P.C. for summoning Gurmukh Singh as an accused was dismissed.

(2.) After hearing learned Counsel for the petitioner as well as learned State counsel, I am of the opinion that the present petition deserves to be allowed.

(3.) In the present case, challan was presented against accused Amrik Singh and Kulwinder Singh. Gurmukh Singh was, however, placed in column No. 2 at the time of presentation of challan. PW-1 Bhupinder Singh, while appearing in the witness box, categorically deposed that Kulwinder Singh, Gurmukh Singh and Amrik Singh had given beatings to his son Ranjit with sticks in the varandah of the house of Amrik Singh. His son was tied with the pillar by the said persons.