KASHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AFTER this court order dated November 9, 1990 delivered in Crl. Misc. No. 7939-M of 1990, respondent Jagrup Singh filed a fresh Criminal complaint Annexure P-6 against the five petitioners in the criminal court of competent jurisdiction at Muktsar on January 2, 1991. After recording preliminary evidence therein, learned trial Court made the summoning order Annexure P-7 on August 26, 1991. Criminal Miscellaneous Application No. 13981-M of 1991 has been filed over against by the five petitioners for quashing the complaint Annexure P-6 and the summoning order Annexure P-7 on the grounds, that the proceedings in the case now pending in the Court are nothing but an abuse of the process of the Court and deserve to be quashed inter alia for the following reasons :-

(2.) I have heard Shri H.S. Bhullar, Advocate, for the petitioners, Shri G.S. Cheema, AAG, Punjab for the respondent-State assisted by Shri Rajinder Sharma, Advocate, for the complainant and perused the entire relevant material on record very carefully.

(3.) IN this view of the matter quashing petition No. 13981-M of 1991 is rendered wholly without merit and is consequently dismissed. It is however, made clear that the respondents in the complaint before learned trial Court and petitioners in this Court would be entitled to urge before the learned trial Court while defending themselves that there is no ground for further proceeding with the complaint because the complainant has not stated therein any grounds detailing manifest error in the earlier order of dismissal of the complaint nor alleged that the order of dismissal of the previous complaint resulted in miscarriage of justice. Petition dismissed.