SARABJIT SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners have preferred this petition under Section 482 of the Code Criminal Procedure, 1973 ('Cr.P.C. for short) seeking quashing of the FIR No. 147 dated 9.4.2003 registered under Sections 341,323, 506,148,149 of the Indian Penal Code ('IPC' for short) at Police Station Focal Point, Ludhiana (Annexure P2) and summoning order dated 27.1.2011 (Annexure P5) Learned counsel for the petitioners has submitted that the trial Court had erred in summoning the petitioners under Section 319 Cr.P.C. as they have been found innocent during investigation. No specific attribution at the time of the occurrence was attributed to the petitioners.

(2.) After hearing the learned counsel for the parties, I am of the opinion that the instant petition deserves dismissal.

(3.) A perusal of complaint ( Anneuxre P1) submitted by the complainant to the Station House Officer, Police Station Focal Point Ludhiana reveals that he had stated that on 09.04.2003 at about 10.00 a.m.,he was present in the Gurudwara Sahib of the village with regard to the property dispute of Mandeep Kaur @ Sandeep Kaur and Manjit Kaur. The Sub Divisional Magistrate had also visited the spot and had inquired about the dispute between the parties. The complainant informed the Magistrate that Harjit Kaur, mother of Mandeep Kaur @ Sandeep Kaur and Manjit Kaur had died at Patiala while she was residing with her daughter Mandeep Kaur @ Sandeep Kaur. Thereafter, the complainant and Baljit Singh came out of the Gurudwara Sahib. The Magistrate left for the house of Harjit Kaur. At about 11.20 a.m., when the complainant and Baljit Singh were going towards their house and had reached the turn of Gurudwara Sahib, they were encircled by five-six persons, who were called by Sarabjit Singh,Jagtar Singh and Manjit Kaur. They were given beatings by the said persons. When the complainant raised alarm, all the assailants left the spot.