HARCHAND SINGH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Section 482 of Code of Criminal Procedure (for short 'Cr. P. C. ') for quashing of order dated 19.09.2011, Annexure P4, passed by learned Additional Sessions Judge, Ambala vide which, revision petition filed against order dated 20.05.2010, Annexure P2, passed by learned Judicial Magistrate First Class, Ambala summoning petitioners-accused to face trial for offences under Sections 379/506/148 IPC read with Section 149 IPC alongwith co-accused already facing trial, was dismissed.

(2.) I have heard learned counsel for the petitioners and have gone through the whole record including the impugned orders passed by learned courts below.

(3.) It has been contended by learned counsel for the petitioners that already some litigation was pending between the parties and that the case was duly investigated by the police and no case was found against the petitioners and hence, their names were mentioned in column no. 2 in report under Section 173 Cr. P. C. filed by the police. It is further submitted that the learned courts below have committed illegality in summoning the petitionersaccused to face trial merely on the statement of PW Surjit Singh, Annexure P5, which is reproduction of the statement already made by him before the police.