RATTAN CHAND Vs. LACHHMAN DASS

JUDGEMENT

(1.) The matrix of the facts & material, culminating in the commencement, relevant for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, is that initially, on the basis of complaint of petitioner-complainant Rattan Chand s/o Karam Singh (for brevity "the complainant"), a criminal case was registered against accused, Lachhman Dass s/o Bakshi Ram and others (respondent Nos.1 to 4), vide FIR No.28 dated 30.1.2006 (Annexure P1), on accusation of having committed an offence punishable u/s 306 IPC by the police of Police Station Banga, District Nawanshahar (now SBS Nagar). However, subsequently, police has closed the chapter and submitted the cancellation report in the case.

(2.) Meanwhile, the complainant has filed the private criminal complaint (Annexure P2) against the pointed accused. Consequently, in view of preliminary oral as well as documentary evidence brought on record by the complainant, the accused were summoned to face the trial for commission of an offence punishable u/s 306 IPC, by virtue of summoning order dated 27.2.2009 (Annexure P3) by the Chief Judicial Magistrate.

(3.) Aggrieved thereby, the respondents-accused filed the revision petitions to challenge the summoning order (Annexure P3). The revisional Court partly accepted the revision petitions and directed the trial Magistrate to comply with the provisions of Section 210 Cr.PC, by way of impugned order dated 8.8.2012 (Annexure P4).