DOGAR SINGH Vs. SHOBHA GUPTA

JUDGEMENT

(1.) Dogar Singh and Harjit Singh alias Mithu have filed the present petition under S. 482, Cr. P.C. against Smt. Shobha Gupta and the State of Punjab, and the same has been directed against the order dated 8th April, 1995 passed by the Court of Additional Sessions Judge, Kapurthala, who set aside the order dated 7th May, 1993 passed by the Sub Divisional Judicial Magistrate, Phagwara, when the learned Magistrate dismissed the complaint of Smt. Shobha Gupta, respondent, under S. 504 read with S. 34, and Ss. 500 and 120-B of the IPC.

(2.) Brief facts of the case are that two petitioners along with 41 others, including Shri Rakesh Kumar, submitted an application to the Deputy Commissioner, Kapurthala, alleging as follows :-

(3.) The learned Magistrate recorded the pre-charge evidence and the accused were summoned under S. 500, IPC, but finally vide order dated 7th May, 1993, the learned Magistrate dismissed the complaint by stating that the evidence produced by the complainant was not of such a nature, if unrebutted, would lead to the conviction of the accused. Accordingly no case was made out against the accused for framing charge-sheet against them. Consequently, both the accused, i.e. Dogar Singh and Harjit Singh, were discharged. The reasons given by the learned Magistrate are contained in paras Nos. 5, 6, 7, 8, 9 and 10 of the order dated 7th May, 1993, which I reproduce as follows :-