SADHU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the order dated 13.10.2009 (Annexure P-9) passed by the Additional Sessions Judge, Jalandhar.

(2.) The facts, in short, are that the FIR No. 543 dated 12.11.2006 under Sections 447, 446, 511, 506, 427, 148 and 149 IPC at Police Station Sadar, District Jalandhar was lodged against the present petitioners. The Additional Chief Judicial Magistrate, Jalandhar, on finding that there is no prima facie evidence against the petitioners, discharged them vide order and judgment dated 08.04.2009. Aggrieved, the respondent No. 2 preferred a revision petition. The Additional Sessions Judge, Jalandhar vide his order dated 13.10.2009 accepted the revision petition and set aside the order dated 08.04.2009 and also remanded the matter back to the trial Court for proceeding afresh against the petitioners.

(3.) The complainant i.e respondent No. 2, in the present FIR, is the nephew of petitioner No. 1. The mother of respondent No. 2, late Smt. Pritam Kaur, executed a Will in favour of her brother i.e petitioner No. 1 and her other son, Gurdev Singh, petitioner No. 3 to the exclusion of the complainant- respondent No. 2. Respondent No. 2, namely, Mohinder Singh was not having good relations with her mother Pritam Kaur, and therefore, in her Will, she had specifically kept him away from her entire property and instead gave = of her property to her brother-petitioner No. 1 and = to her son.