BIRENDER SINGH Vs. STATE OF PUNJAB & ORS

JUDGEMENT

(1.) The contour of the facts & material, which needs a necessary mention for the limited purpose of deciding the instant revision petition and emanating from the record, is that initially, in the wake of complaint of petitioner-complainant Birender Singh (for brevity "the complainant"), a criminal case was registered against Harpreet Singh and his father Jangir Singh, private respondents No.2 and 3, vide FIR No.81 dated 6.7.2008 (Annexure P5) for the commission of offences punishable under sections 323, 324 and 506 read with section 34 IPC by the police of Police Station Dera Bassi, District Mohali.

(2.) After completion of the investigation, the police submitted the final police report (challan) against the accused to face the trial of indicated offences, but the trial Magistrate observed that since the case u/s 307 IPC is made out against the accused, so, he committed it for trial to the Court of Session, by way of commitment order dated 21.3.2012 (Annexure P2).

(3.) The Court of Additional Sessions Judge, considering the e ntire material on record and the simple nature of injuries, came to a definite conclusion that only offences punishable u/ss 323, 324 and 506 read with section 34 IPC are made out against the accused, which are triable by the Court of Magistrate. Consequently, he remitted the case back to the Court of Magistrate for trial of the pointed offences, by means of impugned order dated 10.7.2012 (Annexure P3).