OM PARKASH Vs. HARYANA STATE

JUDGEMENT

(1.) Om Parkash s/o Shri Sohan Lal r/o Mandi Adampur, Tehsil Adampur, District Hisar, has filed the present criminal revision and it has been directed against the order dated 27.10.1997 passed by the learned Sessions Judge, Hisar, who accepted the revision of Surender Singh s/o Chaudhary Bansi Lal and Joginder Singh alias Jog, former Haryana Minister, and dismissed the private complaint filed by the petitioner by holding that after the acceptance of the negative report filed by the police u/s 173, Cr.P.C., the learned Magistrate could not take cognizance into the matter.

(2.) EARLIER , the learned Magistrate vide order dated 25.2.1997 decided to summon the respondents u/s 307/34, IPC, read with section 25 of the Arms Act in a complaint filed by the petitioner u/s 307/34, IPC read with section 25 of the Arms Act.

(3.) THE complaint, in order to prove his version appeared as his own witness as PW-1 and he also examined Sushil Kumar, injured as PW-2, Jaswant Singh, PW-3, besides Dr. J.S. Bhati, PW-4, Rajender Kumar, Ahlmad, PW-5, Dr. N.M. Sharma, PW-6 and Dr. K.C. Singal, PW-7. The learned Magistrate, after recording the preliminary evidence in the complaint, came to the following conclusion vide orders dated 25.2.1992 :- "In view of the above said authorities and being a prima facie case against them, the accused are summoned for the allegations of the commission of offences under section 307/34, IPC, read with section 25/24/59 of Arms Act on filing of PF and copy of complaint."