LAWS(P&H)-1995-3-75

SANTOKH SINGH Vs. GURPAL SINGH

Decided On March 30, 1995
SANTOKH SINGH Appellant
V/S
GURPAL SINGH Respondents

JUDGEMENT

(1.) This is a revision petition filed by Santokh Singh & others directed against the order passed by learned Additional Chief Judicial Magistrate, Ambala dated 26.8.1994. By virtue of the impugned order, the learned trial Court held that there is nothing in the Code of Criminal Procedure to suggest that joint complaint is not maintainable and consequently the application filed by the petitioner was dismissed.

(2.) The relevant facts are that petitioners were summoned by the learned trial Court with respect to offences punishable under Sections 148/ 323/149/452 and 506 Indian Penal Code. They preferred an application for rejection of the complaint filed by the respondents on the ground that it is not maintainable since it had been filed by four persons and statement of only one person has been recorded.

(3.) The application was contested on the ground that there is no specific provision in the Code of Criminal Procedure whereby a joint complaint is barred. Therefore, the application as such was not maintainable.