GURDEV SINGH Vs. SARUP SINGH

JUDGEMENT

(1.) The instant petition has been filed under Sec. 482 Cr.P.C. seeking quashing of complaint bearing No.296 dtd. 12/6/2003 (Annexure P2) and summoning order dtd. 31/7/2007 passed by learned Judicial Magistrate Ist Class, Ludhiana issued under Ss. 323, 341, 34 IPC impugned order dtd. 15/3/2010 passed by learned Judicial Magistrate Ist Class Ludhiana and order dtd. 22/9/2010 passed by learned Sessions Judge, Ludhiana alongwith all consequential proceedings arising therefrom.

(2.) The facts of the case are that FIR No.431 dtd. 2/4/2003 under Ss. 323, 324, 34 IPC was registered at Police Station Payal, District Ludhiana against the respondent alongwith his son Gurwinder Singh and wife Amarjit Kaur at the instance of petitioner No.3 on account of injuries caused to the petitioner nos.1 and 3 and subsequently, the respondent also filed a complaint under Ss. 326, 324, 341, 34 IPC against the petitioner as a cross complaint in the said occurrence.

(3.) After registration of FIR, challan was submitted and charges were framed against the respondents-Gurwinder Singh and Amarjit Kaur and the respondents-accused examined Dr. Prem Pal Gill as DW-1, Harbhajan Singh as DW-2, Surinder Singh as DW-3, Gurmit Singh as DW-4 and Bhagwan Singh as DW-5. After the conclusion of trial, the respondent alongwith wife Amarjit Kaur and Gurwinder Singh was convicted by the trial Court and were ordered to be released on probation by furnishing a probation bond in the sum of Rs.5000.00 for one year undertaking of good behaviour and good conduct during this year. This order dtd. 15/10/2008 attained finality since no appeal was filed against the order of conviction and sentence after probation.