AVTAR SINGH @ BABBU Vs. JATINDER SINGH

JUDGEMENT

(1.) THE present petition is filed by Avtar Singh @ Babbu under Section 482 Cr.P.C. for quashing the criminal complaint under Sections 307/326/325/324/323/506/148/149 IPC titled as Jatinder Singh v. Narinder Singh and others and the summoning order dated 17.4.2013 passed by the learned Judicial Magistrate I Class, Jalandhar.

(2.) AN occurrence had taken place on 23.2.2010 for which a First Information Report was registered based on the complaint given by complainant Jatinder Singh on 25.2.2010. A closure report was submitted by the Investigating Agency pursuant to which a protest petition was presented by the respondent -complainant on 18.10.2010. The Judicial Magistrate I Class, Jalandhar, vide order dated 22.12.2011 chose to accept the cancellation report and accordingly, dismissed the protest petition filed by the respondent. Against the said order, complainant preferred a revision petition which was partly allowed by the revisional Court vide order dated 13.9.2012, directing the trial Court to restore the protest petition, permit the complainant to lead further evidence and pass appropriate orders in accordance with law. Trial Court took the protest petition on its file as per directions of the revisional Court and afforded an opportunity to the complainant who failed to lead evidence. Resultantly, the protest petition was dismissed vide order dared 24.10.2013.

(3.) LEARNED counsel appearing for the petitioner would submit that the private complaint filed by the respondent should not have been legally entertained by the trial Court inasmuch as the closure report filed by the Investigating official in connection with very same occurrence was accepted, rejecting the protest raised by the complainant.