SARABJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C for quashing of FIR No. 46 dated 16.03.2006 under Sections 336/34 IPC registered at Police Station Sadar Moga, District Moga and all the proceedings arising therein including the order dated 07.09.2009 passed by the Judicial Magistrate Ist Class, Moga.

(2.) Learned counsel for the petitioners contended that an offence under Section 336 IPC is not made out. The petitioner No. 3, who is brother-in-law of petitioner No. 1 fired from his licensed gun from his own house. It did not hit anyone. It was not aimed at anybody and nor did it disturb anyone. Further, the Judicial Magistrate Ist Class, Moga rejected the cancellation report only because the complainant did not agree with the same. As such, the order of Judicial Magistrate Ist Class, Moga refusing to accept the cancellation report has been passed without application of mind and only for the satisfaction of the complainant.

(3.) Heard.