VIJAY KUMAR AND ORS. Vs. GURMEL SINGH

JUDGEMENT

(1.) Gurmel Singh respondent had filed criminal complaint on 8.1.1993 before the Addl. Chief Judicial Magistrate, Ambala, On 28.9.1992 at about 7.30 P.M., he was returning from the village pond to his house with his cattles. When he reached near the Gurdwara, all the four petitioners were found standing. Petitioner Vijay Kumar was armed with iron rod, Suresh was armed with Kulhari (axe) while other petitioners were unarmed. They assaulted the respondent and gave blows to him. He was rescued by Gurdev Singh, Swaran Singh and Jawala Ram. While leaving, they threatened the respondent that they would put to an end to his life. The respondent complained that he had approached the police of Sadar Ambala, but no action was taken.

(2.) The Addl. Chief Magistrate, Ambala after going through the complaint and the evidence on record found that there was no motive as alleged in the complaint. The fact alleged was found to be improper and the complaint was dismissed. The respondent preferred a revision petition with the Court of Session at Ambala. The learned Addl. Sessions Judge, Ambala on 1.8.1996 held that on the basis of the statement of the witnesses and the medical evidence, prima facie case was made out. The learned Sessions Judge, Ambala set aside the order passed by the Addl. Chief Judicial Magistrate and directed him to re-consider the entire case and pass appropriate orders regarding summoning of the petitioners. Aggrieved by the same, the present petition has been filed.

(3.) Learned counsel for the petitioners alleged that the learned Addl Sessions Judge was not justified in re-appraising the evidence and, therefore, the order as such could not be sustained. In his opinion, there was no material on the record to permit the Court to direct summoning of the petitioners.