RANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for setting aside the order dated 6.4.2005, passed by the Judicial Magistrate, Ist Class, Dasuya, whereby the petitioners have been summoned, pursuant to a private complaint filed by private respondent.

(2.) The primary contentions raised by counsel for the petitioners are that on the same set of facts, an FIR was lodged by the police, pursuant to a complaint made by the complainant. After due investigation of the FIR, a report under Section 173 of the Cr.P.C. was filed and charges were framed against the petitioners, excluding petitioners no.7 and 8, who are minor school going children. It is also contended that the aforementioned facts were never disclosed to the Magistrate, before the passing of the summoning order. It is,therefore, prayed that the complaint and the summoning order be quashed.

(3.) Counsel for the private respondent on the other hand submits that there is no bar to the filing of a criminal complaint even where an FIR has been lodged. In view of the provisions of Section 210(2) of the Cr.P.C. the trial in the FIR, as also the proceedings arising from the complaint have been clubbed, pursuant to an order passed by the Judicial Magistrate, Ist Class, Dasuya dated 19.12.2005 and, therefore, in essence the grievance raised by the petitioners does not arise.