HARBANS SINGH Vs. GULZAR SINGH

JUDGEMENT

(1.) This is a petition under S.482, Cr. P.C. filed by the accused petitioners, challenging the order dated 19-3-1998 passed by the JMIC, Fatehgarh Sahib and the order dated 23-11-2000 passed by Additional Sessions Judge, Fatehgarh Sahib, upholding the order of the JMIC dated 19-3-1998, vide which Gulzar Singh, applicant-respondent, had been allowed to continue with the criminal complaint filed by his father Baru Singh against the accused under Ss. 447, 427, 379, 148, 149, IPC.

(2.) The facts in brief, which are relevant for the decision of the present petition, are that Baru Singh filed a criminal complaint against various accused under Ss. 447, 427, 379, 148, 149, IPC etc. in the Court of JMIC, Fatehgarh Sahib. After recording preliminary evidence, accused were summoned. The said criminal complaint was being pursued by his son Gulzar Singh, being his attorney. During the pendency of the criminal complaint, Baru Singh complainant expired. After death of Baru Singh, his son Gulzar Singh filed the application before the Judicial Magistrate, seeking permission to pursue the criminal complaint. The said application of Gulzar Singh was opposed by the accused, alleging therein that Gulzar Singh, applicant, had no right to continue with the criminal complaint which was filed by his father Baru Singh. After hearing both sides and after perusing record, the JMIC vide order dated 19-3-1998 held that Gulzar Singh, applicant, was entitled to continue with the present complaint and as such, his name was ordered to be substituted in place of his father Baru Singh. Aggrieved against this order dated 19-3-1998 passed by the JMIC, all the accused filed criminal revision before the Sessions Court. The learned Additional Sessions Judge, after hearing both sides and after perusing the record, dismissed the said revision petition, holding that the trial Court was justified in ordering the substitution of Gulzar Singh, applicant, in place of his father Baru Singh, on the death of Baru Singh, complainant, view order dated 23-11-2000. Aggrieved against these orders passed by the Courts below, theaccused have filed the present petition under S. 482, Cr. P.C., in this Court.

(3.) I have heard the learned counsel for the petitioners and have gone through the record carefully.