BALRAJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through this petition preferred under Sec. 482 Cr.P.C., petitioner - Balraj Singh has sought quashing of complaint No.116 dated Aug. 30, 2010 (Annexure P-1) as well as summoning order dated Aug. 8, 2014 (Annexure P-2) passed by learned Additional Chief Judicial Magistrate, Faridkot, whereby, he has been summoned to face trial under Sections 323, 452, 506, 148, 149 IPC.

(2.) The brief facts recapitulated from the petition are that petitioner - Balraj Singh was posted as Head Constable at Police Station, Sadar Kotkapura. On the basis of statement of one Gurdarshan Singh, he got registered FIR No.83 dated July 28, 2009 under Sections 323, 341, 506, 34 IPC against respondent No.2 - Gurtek Singh and his brother Harnek Singh, and investigated the same. Subsequent thereto, respondent No.2 - Gurtek Singh lodged the complaint, quashing of which, has been sought through the instant petition.

(3.) As per the complaint, the occurrence is alleged to have taken place on June 22, 2010 at about 8.00 PM when petitioner along with Sarvpreet Singh etc. allegedly barged into the house of complainant - respondent No.2, manhandled the complainant and gave beatings to him while hurling lalkaras to the effect that he will be done to death in case he does not withdraw the case.