AMARJIT SINGH AND OTHERS Vs. NAGINDER SINGH

JUDGEMENT

(1.) By this petition, the petitioners seek quashing of Protest Petition No. 45 of 20.01.2012, (as shown in Annexure P-2, but with the prayer clause stating that it was dated 21.11.2011), by which the complainant in the FIR registered in respect of the alleged commission of an offence punishable under Section 302 IPC, was contesting the cancellation report filed by the investigating agency in respect of the said offence. They also challenge the summoning order dated 07.12.2017 (Annexure P-1), passed by the learned Judicial Magistrate Ist Class, Ludhiana, whereby the petitioners have been summoned to face trial for the commission of offences punishable under Sections 302 and 201, read with Section 34 IPC.

(2.) Mr. Randhawa, learned counsel for the petitioners, at the outset had submitted, which he has reiterated over various dates till today, that the cancellation report filed by the investigating agency, though has been referred to in the impugned summoning order, however, no detailed reasoning whatsoever has been given by that Court while disagreeing with the findings of the police, with it simply having accepted the evidence of the complainant in the protest petition, and on the basis of that having issued summons to the petitioners.

(3.) He therefore submits that there is a violation of the provisions of Section 210 of the Cr.P.C.