MALKIAT SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of criminal complaint No.27, dated 14.06.2008 (Annexure P-1) under Sections 326,323,324,341,506,34 of the Indian Penal Code ('IPC' for short) along with the summoning order dated 27.07.2010 (Annexure P-2). Respondent No.2 Nirmal Singh has filed the complaint against petitioner Malkiat Singh and others. The case of the complainant in brief is that on 05.03.2008 at about 9.00 P.M., he was going to village Nanhera on his bicycle. On the way, he was intercepted by the petitioners armed with sword, axe and dang. All the petitioners inflicted injuries on the person of the complainant.

(2.) After recording the preliminary evidence, the trial Court has ordered the summoning of the petitioner and his co-accused to face the trial under Sections 326,323,324,341,506,34 of IPC vide impugned order dated 27.07.2010 (Annexure P-2). Hence the present petition.

(3.) Learned counsel for the petitioner has submitted that the trial Court had erred in passing the impugned summoning order without taking into consideration the cancellation report submitted by the police in FIR No.30 dated 09.03.2008 registered under Sections 324, 323 and 34 of the Indian Penal Code at Police Station Ghagga.