JUBER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (here -in -after called 'Cr.P.C.')for quashing the order dated 13.08.2014 passed by learned Judicial Magistrate First Class, Hathin, whereby the petitioners have been summoned to face the trial for the offences punishable under Sections 147, 324, 427, 436, 452, 506 read with Section 149 of the Indian Penal Code, 1860 (here -in -after called 'IPC') in a private complaint filed by respondent No.2 and the revisional order dated 11.02.2015, passed by learned Sessions Judge, Palwal.

(2.) THE brief facts of the prosecution case are that the fatherin -law of respondent No.2/complainant filed a civil suit against the petitioners in the Court of learned Additional Civil Judge (Sr. Divn.), Hathin and vide order dated 29.09.2011, the parties were directed to maintain the status quo with regard to the possession over the shop in dispute. On 24.10.2011 at about 11:30 a.m., the accused persons formed an unlawful assembly and in prosecution of their common object, they entered into the shop of the complainant and exhorted her to vacate the shop or they will celebrate Diwali. On hearing the noise, Manish, the husband of the complainant, her mother -in -law Anita and brother -in -law Gagan reached there. In their presence, the accused persons extorted to kill the complainant by setting her ablaze. Accused Rahila took the plastic cane from the hands of accused Samiri and sprinkled petrol on the person of complainant, her mother -in -law, husband and brother -in -law.

(3.) ON appreciating the preliminary evidence recorded by the learned Magistrate, he passed the impugned summoning order. Both the parties preferred revision against the aforesaid summoning order. The revision filed by the present petitioners was dismissed and the revision filed by the complainant/respondent No.2 was partly allowed. The matter was remanded to the learned Magistrate with direction to pass a fresh order qua the summoning of the petitioners/accused for commission of the offence punishable under Sections 148 and 307 IPC after considering the evidence available on record keeping in view of the observations recorded in the impugned order dated 11.02.2015 by the learned Sessions Judge.