AMAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for quashing of complaint bearing No.29 dated 06.12.2011 (Annexure P3) titled as 'Amrik Singh v. Amar Singh and another' and for setting-aside the orders dated 28.09.2015 (Annexure P-4) passed by the trial Court vide which the petitioners were summoned to face the trial and dated 03.12.2015 (Annexure P5) vide which the revision filed against the order dated 28.09.2015 has been dismissed by the Revisional Court.

(2.) Brief facts of the case are that at the instance of respondent No.2 - Amrik Singh FIR No.167 dated 18.05.2011 under Section 420 IPC at Police Station Civil Lines, Amritsar was registered with the allegation that the petitioners along with one another accused namely Amarjit Kaur in conspiracy with each other on the pretext of sending the son of the complainant abroad have taken an amount of Rs.7.10 lacs. Neither the son of the complainant was sent abroad nor the amount was given and thereafter, the police conducted the investigation and submitted the challan only qua the accused - Amarjit Kaur in her absence as she was declared a proclaimed offender vide order dated 30.05.2015 whereas the petitioners were found innocent and no challan was presented against them.

(3.) Counsel for the petitioners has argued that thereafter the respondent/complainant - Amrik Singh appeared as a witness and thereafter, the application was moved by the prosecution under Section 319 Cr.P.C. for summoning the petitioner as an additional accused.