AJAIB SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners have filed this petition under Section 401 of the Code of Criminal Procedure,1973 ('Cr.P.C.' for short) challenging order dated 28.1.2012 passed by the Additional Sessions Judge, whereby the application moved by the prosecution for summoning the petitioners under Section 319 Cr.P.C. was allowed.

(2.) Learned counsel for the petitioners, has submitted that the trial Court, while allowing the application, has held that the inquiry report had not been placed on record whereby the petitioners were found innocent. In this regard, learned counsel has placed reliance on inquiry report dated 8.9.2011 (Annexure P3) whereby the petitioners were declared innocent and it was recommended by the Deputy Superintendent of Police that challan be only presented against Jagsir Singh.

(3.) Learned State counsel as well as counsel for the complainant, on the other hand, have opposed the petition.