SURJIT KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Prayer in this petition is for quashing the order dated 25.11.2011 passed by learned Additional Sessions Judge, Ludhiana, whereby criminal revision filed by the petitioner was dismissed and the order dated 12.8.2011 passed by learned Judicial Magistrate Ist Class, Ludhiana, whereby the application under Section 319 Cr.P.C. moved by the petitioner for summoning of respondent Nos. 2 and 3 was disallowed.

(2.) Brief facts of the case are that the FIR was registered against Amarjit Singh, Mohan Lal, Munshi Ram and Balraj Kumar on the basis of a written complaint of Surjit Kaur, petitioner, with the allegations that her grandfather Nathu Singh had purchased a shop and a residential house from Inder Singh and Phuman Singh, residents of Killa Raipur, on 13.8.1927 and since then the vendee has been in possession of the said property. Now the value has increased manifold. Accused Amarjit Singh intends to take forcible possession and to sell the same to his co-accused. On the completion of investigation, report under Section 173 Cr.P.C. was presented against accused Amarjit Singh, Mohan Lal, Munshi Ram and Balraj Kumar for the commission of offence punishable under Section 420 IPC.

(3.) Accused Amarjit Singh had executed the sale deed in favour of the rest of the accused. Amarjit Singh and Munshi Ram died during trial and as such the proceedings qua them abated. Remaining accused Mohan Lal and Balraj Kumar are facing trial. When the case was at the stage of recording of the statements of the accused by means of Section 313 Cr.P.C. then an application under Section 319 Cr.P.C. was moved for the summoning of Jhapimder Singh Grewal and Mohinder Singh. The said application was dismissed by learned trial court vide order dated 12.8.2011. The revision filed by the petitioner-complainant was also dismissed by the learned Additional Sessions Judge vide his order dated 25.11.2011.