HARBHAJAN SINGH Vs. GURDIP KAUR

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 9.10.1996 passed by Judicial Magistrate Ist Class, Batala, vide which the learned Magistrate directed that the complaint case be clubbed with the police case arising out of F.I.R. 119 of 1995 and further directed that they be tried together in accordance with the provisions of section 210(2) of the Code of Criminal Procedure (for short hereafter to be referred as 'the Code').

(2.) ON or about 19.12.1995, complainant Gurdip Kaur was dragged by Rajbir Singh accused, who kicked in her stomach; her clothes were fetched above to make her naked and in order to out rage her modesty her breasts were touched amongst others. With these allegations an F.I.R. was registered being F.I.R. No. 119/95 dated 22.12.1995, under Sections 452, 354, 323, 148 read with Section 149 I.P.C. by Police Station Sri Hargobindpur, District Gurdaspur. According to the complainant, as the police was trying to help the accused party, she had sent a telegram to the Chief Justice of this Court which was treated as the petition for habeas corpus and notice was issued. This petition was registered as Criminal Misc. No. 3538-M of 1996 and was finally disposed of by Shri V.K. Bali, J. vide order dated 22.5.1996. The relevant part of the order reads as under :-

(3.) THE provisions of Section 210 of the Code read as under :-