JEET KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') has been filed for setting aside order dated 1.6.2013 (Annexure P -3), passed by the learned Judicial Magistrate, 1st Class, Nabha, whereby the petitioners have been summoned under Section 319 Cr. P.C. to face trial as additional accused in case FIR No.79 dated 15.7.2008, under Sections 323, 324, 342, 341, 506, 379, 201, 148/ 149 of the Indian Penal Code registered at Police Station Sadar Nabha. The judgment dated 9.1.2014, passed by the learned Additional Sessions Judge, (Fast Track Court), Patiala dismissing the revision petition, filed against the said summoning order dated 1.6.2013 had also been assailed.

(2.) THE brief facts of the case are that on 15.7.2008 at about 6.00 AM, complainant Darshan Singh was way laid by Paras Dass and his sons, was dragged inside their house and was beaten with dangs and Barchas by them and their co -accused. Ram Kishan Dass and Jaswant Dass, who came to his rescue were also caused injuries. Jeet Kaur and Rani were standing on a side instigating the assailants to inflict injuries on them and had thrown bricks at them. On the complaint of Darshan Singh, FIR No.79 dated 15.7.2008 under Sections 323, 324, 341, 342, 379, 506, 201, 148, 149 of the IPC was registered at Police Station Kotwali Nabha against the petitioners and other assailants. After investigation, the petitioners were found innocent and their names were put in column No.2 while filing the final report/ challan. Against other co -accused, the charge sheet was filed in the Court.

(3.) DURING trial the prosecution filed an application under Section 319 of the Code, which was allowed by the learned trial Court vide order dated 1.6.2013 and the petitioners were summoned to face the trial alongwith the other accused.