GURNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In First Information Report No.43 dated 1-3-1984 under S. 302/326/324/148/149 of the Penal Code (briefly the Code), Police Station Sadar, Gurdaspur, 14 persons were named. The Police investigated the case and challaned only 9 persons,. excluding the petitioners who have since been committed for trial.

(2.) Kuldip Singh respondent filed a complaint on 16-4-1984 praying that the petitioners and some others may as well be summoned and committed for trial. The Chief Judicial Magistrate summoned the petitioners and a few others under Ss. 302, 326, 323, 148/149 of the Code, vide order dt. 19-7-1984. The petitioners have assailed the order of the Chief Judicial Magistrate in the present Criminal Miscellaneous petition under S. 482 of the Cr. P.C.

(3.) The Terrorist Affected Areas (Special Courts) Act, 1984 (shortly the Act) came into force on the 14th day of July, 1984 with effect from Jan. 1984. The occurrence in the instant case took place on a date after the Act had come into force with the result that the provisions of the Act shall cover the criminal proceedings in relation thereto.