ASI BALWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present is a glaring example of abuse of the process of Court, which has to be put to a halt. Bhajan Kaur, respondent No. 2 filed a complaint against the petitioner, Assistant Sub-Inspector Balwant Singh and three others, under section 302, Indian Penal Code, and other allied sections read with section 120 B and 34, Indian Penal Code. The offence was triable by the Special Court, Ludhiana, which took cognizance of the complaint and recorded the statements of various witnesses produced by the complainant. After recording this evidence the Special Court passed an order on May 16, 1985, dismissing the complaint in so far as the petitioner is concerned. The observations in the judgment which pertain to the petitioner, as reproduced in the present petitioner, extracted from Para 11 of the judgment of the Special Court dated May 16, 1985 (Copy Annexure P/2) are these.

(2.) IT transpires that after the amendment in the legislation in regard to the forum of trial of criminal cases, the complaint filed by respondent No. 2 was transferred to the ordinary Courts and the same was taken up by the Additional Sessions Judge who, it appears, without making a reference to the earlier order as per which the petitioner had been discharged, summoned the petitioner to face a trial along with other co-accused. A copy of the learned Additional Sessions Judge dated November 28, 1985 is Annexure P/3 to this petition.

(3.) THE result is that the impugned order of the Additional Sessions Judge, Ludhiana, dated November 28, 1985 (Copy Annexure P/3) summoning the petitioner in the complaint filed by respondent No. 2 is quashed, in so far as the petition is concerned. Proceedings quashed.