HARMINDER SINGH Vs. AMRINDER SINGH

JUDGEMENT

(1.) The present petition under Sec. 482 Cr.P.C. has been filed for quashing of impugned order dtd. 27/2/2017 passed by learned Additional Sessions Judge, SAS Nagar (Mohali), whereby the appeal filed by the petitioner was dismissed in default for want of prosecution and the order dtd. 13/11/2019, passed by learned Additional Sessions Judge, SAS Nagar whereby the application for restoration of the said appeal has been dismissed and to restore the appeal to its original number.

(2.) The brief facts of the case are that the complainant present petitioner on 22/11/2008,when he alongwith his brother after attending the court proceedings at District Courts, Mohali came out of the court premises and reached in the parking then at about 1.30 pm, one Amrinder Singh, his brother Gurvinder Singh alongwith seven other persons intercepted and started beatings them. Amrinder Singh gave fist blows on the left side of the head of the complainant, and his brother Gurvinder Singh also pulled his hair and gave leg blows on his back. They slapped on the mouth of his brother Manjit Singh and also gave leg blows on his back. When the complainant and his brother raised alarm, the passerby gathered at the spot and the accused -respondents fled away and threatened them with dire consequences. On the basis of the statement of the complainant, FIR No.450 dtd. 22/11/2008 was registered under Ss. 323, 341, 506, 34 IPC at Police Station Phase-I, Mohali.

(3.) After investigation, the challan was presented and the accusedrespondents were charge sheeted under Ss. 323, 341, 506, 34 IPC, to which they pleaded not guilty and claimed trial.