BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition by the complainant-petitioner under Sec. 482 Cr.P.C. has been preferred for quashing of the order dtd. 9/3/2022 passed in Criminal Revision No.25 dtd. 5/7/2017 (CIS No.CRR-569-2017, CNR No.PBLD01-1/1/2864-2017) by the Additional Sessions Judge, Ludhiana (Annexure P-8) against the order dtd. 17/3/2012 passed by the Judicial Magistrate Ist Class, Ludhiana, whereby the application under Sec. 319 Cr.P.C. was allowed in part in Criminal Case No.CHI/2515/2014 and the criminal revision dismissed by the Additional Sessions Judge, Ludhiana.

(2.) The brief facts of the case are that the petitioner is the first informant/complainant of FIR No. 104 dtd. 28/7/2014 under Ss. 323, 325, 341, 34 IPC registered with Police Station Meharban, District Ludhiana. As per the said FIR, Sukhwinder Singh @ Ghasita son of Somnath, Ghulla son of Somnath, Happy son of Somnath, Jaspal son of Madan Lal, Madan Lal son of Kabal Singh, Mani son of Somnath assaulted the son of the petitioner, namely, Amanpreet Singh and also caused injuries on the person of the petitioner-complainant with their respective weapons. On raising a hue and cry, the accused persons ran away from the spot. The bone of contention was that the accused persons were pressurizing the complainant party to withdraw the case against them under Sec. 376 IPC filed by the sister-in-law of the complainant, namely, Vidya Devi wife of Amarjit. The said Amarjit got admitted the petitioner and his son injured-Amanpreet Singh to the hospital. Based on the aforementioned allegation, the FIR came to be registered and a report under Sec. 173 was submitted against the respondents No.4 to 7, namely, Madan Lal son of Kabal Ram, Sukhminder Singh son of Madan Lal, Harvinder Singh @ Happy son of Som Nath and Manpreet Singh @ Mani son of Som Nath.

(3.) Thereafter, the statement of the complainant was recorded as PW-1 and that of his son-Amanpreet Singh as PW-2 (Annexures P-3 and P-4). After the cross-examination of the witnesses, an application under Sec. 319 Cr.P.C. was moved before the Magistrate for summoning the remaining accused persons who had not been challaned.