NIRMAL SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 482 Cr.PC for quashing the order dated 30.1.2014 (Annexure P-5) passed by learned Additional Sessions Judge, Panchkula whereby the trial Court was directed to proceed against the petitioner under Section 319 Cr.P.C.

(2.) The trial Court vide order dated 30.11.2013 (Annexure P-4) had dismissed the application dated 11.11.2011 moved by the complainant, namely, Om Parkash for summoning the accused Nirmal Singh.

(3.) Briefly stated the respondent No.2-complainant Om Parkash has stated in his application that he has been examined in this case as PW1 and he has disclosed the name of two accused, namely, Kuldeep Singh and Nirmal Singh sons of Sawan Singh who had unlawfully entered into his house on 2.8.2007 and gave beating to him as well as threatened to kill him. He has stated that though accused Kuldeep Singh has been charge-sheeted by the police but his brother Nirmal Singh has not been arrayed as an accused. Therefore, the complainant has moved the application for summoning the accused Nirmal Singh in the case.