BANGSAIN SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) GURVINDER Kaur has instituted a complaint against Parashotam Singh and few others for offence under Sections 326, 323, 148, 149, 498-A and 406 of the Indian Penal Code, in the court of Sub-Divisional Judicial Magistrate, Dabwali and after recording some evidence the Court passes summoning order on 26-2-1991. Against it, the present petition has been moved under Section 482 of the Code of Criminal Procedure. The main plea of the three accused is that there is a challan which has arisen out of FIR No. 55 of 14-2-1989 and if the complaint also proceeds against them, it may be an act of double jeopardy.

(2.) WHILE opposing this petition, the learned counsel for Gurvinder Kaur complainant has alleged that she was married with Parshotam Singh accused No. 1 about 2-1/2 years ago and at 11.00 A.M. on 11-2-1989, the accused caused injuries to her including gandasa injury on her right little finger and that the police has not proceeded against as many as three other accused namely Hardas Kaur, Rajan and Major Singh, who have now been named in the complaint instituted by her and had she not instituted the complaint mentioning the entire occurrence including the names of the three present petitioners. There would have been no remedy open to her to prosecute the real assailants.