AMAR SINGH Vs. BALBIR SINGH

JUDGEMENT

(1.) By way of present petition under Sec. 482 Cr.P.C., petitioners pray for quashing of complaint case No.01RT/15 dtd. 15/6/2013 under Ss. 447, 448, 511, 452, 356, 506, 148 and 149 IPC and Sec. 25 of Arms Act, Tehsil Rajpura, District Patiala filed by the respondent (Annexure P-1) and the summoning order dtd. 14/6/2016 (Annexure P-2), whereby the petitioners have been summoned to face complaint case.

(2.) Counsel for the petitioners submits that w.r.t. the same incident, an FIR was lodged at the behest of respondent against the petitioners. The same culminated in a cancellation report filed before the trial Court dtd. 18/7/2011 (Annexure P-3). The said cancellation report was accepted vide order dtd. 29/1/2014 (Annexure P-4). The operative part of which reads as under:-

(3.) Later in time on the basis of the same allegations, the present complaint was filed in which the petitioners have been summoned. They have laid challenge to the summoning order claiming that while passing the summoning order, the Court ought to have considered the cancellation report. By omitting to do so, the Court committed manifest error which resulted in passing of the order which is not sustainable in the eyes of law.