SHOQIN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under section 401 read with section 482 Cr.P.C. for quashing the order dated 16.2.2002 passed by the Additional Sessions Judge, Hoshiarpur, exercising the revisional powers and setting aside the order dated 12.12.2001 passed by the Addl. Chief Judicial Magistrate, Hoshiarpur.

(2.) THE case against the petitioner was registered on the statement of the complainant Narinderjit Kaur that her father Daula Singh had been murdered by Chanchal Singh, his sons Charanjit Singh, Manga Singh in conspiracy with Shokeen Singh son of Baldev Singh, Lashkar Singh son of Nama Ram, Piara Singh son of Raja Ram and Harbhajan Singh. During the investigation, accused Chanchal Singh, Shokeen Singh, Lashkar Singh and Piara Singh were found innocent and were not challaned by the police. The S.H.O., P.S. Sadar Hoshiarpur moved an application for the discharge of accused Shokeen Singh. On the said application, the learned Additional Chief Judicial Magistrate passed the following order on 12.12.2001 :

(3.) IN pursuance of the order passed by the learned Additional Sessions Judge, the Judicial Magistrate Ist Class summoned the petitioner through warrants of arrest. Aggrieved by the order of the learned Additional Sessions Judge and the Judicial Magistrate Ist Class, issuing the warrants of arrest, the present petition has been filed.