PARAMJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of order dated 09.04.2010 passed by learned Sub Divisional Judicial Magistrate, Nakodar (Annexure P/4) whereby the petitioner has been summoned to face trial as an additional accused and order dated 18.01.2011 (Annexure P/6) passed by learned Sessions Judge, Jalandhar whereby revision petition filed by the petitioner has been dismissed.

(2.) Brief facts of the case are that on 20.03.2009 at about 4.30 p.m. the complainant Balwinder Kaur along with her father-in-law Gurdev Singh, brother-in-law Surinder Singh was present in the Haveli, where Swaran Singh armed with dang, Sukhjinder Singh armed with Kirpan, Ajit Singh armed with Kirpan, Kulwant Kaur armed with dasta of kahi and Paramjit Kaur empty handed came. Accused Sukhjinder Singh raised lalkara, upon which Paramjit Kaur caught hold the complainant from her arms and accused Kulwant Kaur gave three blows with dasta of kahi on her head. Other accused Swaran Singh, Sukhjinder Singh and Ajit Singh also caused injuries to Gurdev Singh and Surinder Singh with their respective weapons. The injured were medico legally examined. On the statement of the complainant, an FIR was registered. After completion of investigation, challan against accused Swaran Singh, Sukhjinder Singh, Ajit Singh and Kulwant Kaur was presented in the court, whereas the present petitioner Paramjit Kaur was kept in column no.2. Thereafter, charge was framed against accused Swaran Singh, Sukhjinder Singh, Ajit Singh and Kulwant Kaur under Sections 324, 325 and 323 read with Section 34 IPC to which they pleaded not guilty and claimed trial. After examining PW1 Balwinder Kaur, on the application under Section 319 Cr.P.C. filed on behalf of the prosecution, the learned trial Court vide order dated 09.04.2010 (Annexure P/4) summoned the petitioner to face trial as an additional accused. Thereafter, the petitioner preferred a criminal revision against order dated 09.04.2010 before the learned Sessions Judge, Jalandhar. Vide order dated 18.01.2011 (Annexure P/6), the learned Sessions Judge dismissed the revision petition. Hence, this criminal misc. petition.

(3.) I have heard learned counsel for the parties and perused the record.