LAL SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The contour of the facts and material, which need a necessary mention for the limited purpose of deciding the core controversy involved in the instant petition and emanating from the record is that initially the petitioner complainant Lal Singh son of Joginder Singh (for brevity 'the complainant') has moved one complaint dated 05.07.2006 to the Senior Superintendent of Police, Moga, on the basis of which, a criminal case was registered against the private respondents-accused, vide FIR No. 94 dated 06.07.2006, for the commission of offences punishable under Sections 188 and 427 IPC, by the police of Police Station Mehna, District Moga.

(2.) During the course of investigation, respondents-accused Nos. 3 to 6 were found innocent and their names were placed in column No.2. At the same time, after completion of the investigation the police submitted the final police report (challan) against Thakur Singh respondent No.2-accused. Consequently, he was charge-sheeted for the commission of the indicated offences by the trial Court and the case was slated for evidence of the prosecution.

(3.) During the pendency of the criminal case, an application was moved on behalf of the prosecution, to summon respondent Nos. 3 to 6 as additional accused to face the trial along with Thakur Singh-accused, under Section 319 Cr.P.C. The trial Magistrate dismissed the petition, vide impugned order dated 05.03.2009 (Annexure P-4).