LAWS(P&H)-2016-5-32

AMANINDER SINGH SEKHON Vs. STATE OF PUNJAB

Decided On May 23, 2016
Amaninder Singh Sekhon Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The instant revision petition is directed against the order dated 19.1.2016, passed by the learned Additional Sessins Judge, Faridkot in terms of which the present petitioner has been summoned to face trial as an additional accused in case F.I.R. No.44 dated 17.2.2011 under sections 419, 420, 465, 467, 468, 471, 474 and 120 -B I.P.C, registered at Police Station, City Faridkot.

(2.) A brief narration of facts would be necessary.

(3.) F.I.R No.53 dated 4.5.2009 under sections 308, 325, 323, 341 read with Section 34 I.P.C was got registered at the instance of complainant Hardev Singh and against Harmanjit Singh son of Ajaib Singh with the allegations that he had given a kapa blow to the complainant. Such alleged accused Harmanjit Singh approached the present petitioner, who is a practicing Advocate to file an application seeking concession of anticipatory bail in the afore noticed F.I.R. The Vakalatnama was signed by such person as Harmanjit Singh and the present petitioner prepared an affidavit in terms of the identity disclosed by Harmanjit Singh on 20.5.2009 and which was appended along with the bail application filed under Section 438 Cr.P.C. Such application was dismissed on 29.5.2009 by the court of learned Additional Sessions Judge, Faridkot. Upon dismissal of the anticipatory bail application Harmanjit Singh was arrested on 20.11.2009. Thereafter, Harmanjit Singh was also shown as arrested on 29.12.2009 on the basis of production warrants in F.I.R No.256 dated 1.10.2009 under section 420 I.P.C and in which he faced trial under the name of Harmanjit Singh and earned acquittal vide judgement dated 5.7.2010, passed by the Trial Court. State preferred an appeal against the judgement of acquittal. Upon notice having been issued to Harmanjit Singh and in pursuance to an inquiry marked by the then Sessions Judge, Faridkot it transpired that in fact Harmanjit Singh was Arun Kumar son of Diwan Chand, resident of Balbir Basti, Faridkot.