AMARJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE matrix of the facts and material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record is that, on 13.07.2010 at about 8 - 8.15 PM, the complainant and the accused party were present in the premises of Gurdwara Badhshahi Bagh, Ambala City. A cross -tight had taken place between them, in which, Manjit Singh. Maninder Singh and Gurmeet Singh, sustained injuries. In the wake of statement of complainant -Manjit Singh, a criminal case was registered against the petitioner -accused Amarjit Singh and his other co -accused, namely, Gurpreet Singh, Gagandeep Singh, Harwinder Singh and Sukhwinder Singh, vide FIR No. 268 dated 14.07.2010(Annexure P -1), on accusation of having committed the offences punishable under Sections 148. 323, 324 and 506 IPC (offence under Section 307 IPC was subsequently added). by the police of Police Station Ambala City(for brevity "the I" case").

(2.) SEQUELLY , the petitioner claimed that, he, Gurpreet Singh, Gagandeep Singh and Harwinder Singh also sustained injuries in the same fight. but the police did not initially register a cross -case. They moved number of representations to the higher authorities and ultimately on his(petitioner) statement, a cross -case was registered against Pritam Singh, Sanki, Manjit Singh, Gurmeet and Maninder, pertaining to the same occurrence, by means of another FIR No. 355 dated 15.09.2010(Annexure P -2), for the commission of offence punishable under Sections 148, 149, 323 325, 427, 452 and 379 IPC, by the police of same Police Station Ambala City(for short "the 2" case").

(3.) AGGRIEVED by it, the petitioner moved an application(Annexure P -4), to commit the 2nd case for trial to the Court of Sessions along with the I" cross - case. The Chief Judicial Magistrate(for short "the CJM'") dismissed the application through the medium of impugned order dated 09.05.2011(Annexure P - 5).