JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision petition is filed against the order of the learned Additional Sessions Judge, Hoshiarpur, dated 10.9.1994, directing the framing of charges under Section 333, 332 and 353 read with section 34 I.P.C. against the petitioners.

(2.) A case has been registered against the petitioners on a complaint given by one Davinder Singh, a police constable, working in Hajipur Police Station. According to him, on 28.1.1994, he was deputed to deliver the dakat various places and after delivering the dak to the officers-concerned, he was returning to the Police Station, Hajipur in a bus bearing No; PB-02-9495. Accused No.1 was the conductor of the bus while accused No.2 was the driver of the bus. According to him, he travelled in the bus on the roof for some distance and got inside at Daman Canal bus stand, then the conductor asked him for a ticket and he showed the ticket purchased by him. As he was in uniform, the conductor asked him why he was travelling in a private bus as he happened to be a PUNJAB Page 2 of 3 police man. Thereafter, when the bus reached Hajipur, the conductor of the bus pushed him out of the bus and the bus conductor grappled him and the driver of the bus, accused No.2, hit him with an iron rod on the left side of his face, nose and lip and that his two teeth were also broken. Therefore, one Hoshiar Singh, Head Constable came there and admitted him in Civil Hospital.

(3.) On the basis of the said complaint, a case was registered against the accused and charge-sheet was filed against the accused for the offences under Sections 332, 333, 353 and 186 I.P.C. As offence under Section 333 I.P.C. is exclusively iriable by a Court of Sessions, the case was made over to Additional Sessions Judge, Hoshiarpur, who by the impugned order directed the framing of charges against the accused for the offences under Sections 333, 332 and 353 read with Section 34 I.P.C. Aggrieved by the same, the present revision has been filed.