LAWS(P&H)-2015-9-19

HARKIRAT SINGH MANGAT Vs. INDERJIT SINGH AND ORS.

Decided On September 08, 2015
Harkirat Singh Mangat Appellant
V/S
Inderjit Singh And Ors. Respondents

JUDGEMENT

(1.) THIS petition has been filed by the petitioner, invoking Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the order of the Additional Chief Judicial Magistrate, Ludhiana, dated 06.04.2004 and the subsequent order of the learned Additional Sessions Judge (Ad hoc), Fast Track Court, Ludhiana, dated 05.10.2009, the first, dismissing the application filed under Section 340 Cr.P.C., and the 2nd, dismissing appeal filed thereupon.

(2.) THE said application had been filed by the petitioner, seeking that the four respondents impleaded therein, i.e. S/Sh. Arun Shori, Advocate, Dharambir Sharma, Advocate, Inderjit Singh son of Ram Singh and Balwinder Singh son of Inderjit Singh, be proceeded against for the commission of offences punishable under Sections 191, 192, 193, 199, 200, 196, 467, 468 and 471 of the IPC.

(3.) EVENTUALLY , after going through the details of the orders passed with regard to deletion of various respondents, this Court had concluded that Rohit Thapar, Advocate, had definitely been deleted as respondent No. 1 on the request of the petitioner and of the remaining four respondents, Inderjit Singh, who became respondent No. 1 after the deletion of the name of Rohit Thapar, remained unserved of the notice issued in the present petition by this Court, way back on 10.11.2010. Consequently, upon the matter having been put up for re -hearing, notice had been ordered to be issued only to Inderjit Singh on 12.11.2014 and the Registry directed to prepare a fresh memo of parties, presently showing only Inderjit Singh as the respondent, in view of the fact that because of the statements made and possible errors in deleting the names of various persons, the person against whom the actual allegations were made in the application under Section 340 Cr.P.C., was Inderjit Singh son of Ram Singh. The lawyers of Inderjit Singh (Sarvshri Arun Shori & Dharamvir Sharma, were not issued notices on the matter being put up for re -hearing, Dharamvir Sharma in any case having been shown to be deleted from the array of parties, earlier).