GURDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition filed under Section 482 Cr.P.C. seeking the quashing of order dated 5.4.1997 (Annexure P2), passed by Judicial Magistrate 1st Class, Patiala, declining the prayer of the petitioner to commit the case to the Court of Sessions.

(2.) IN an occurrence taking place on 26.5.1995 near village Rewas Brahma, the complainant Gurdip Singh and his father Mukand Singh were beaten by accused Nos. 2 to 5 (namely Amandip Singh, Maninderjit Singh, Ashu Deep Sidhu alias Chhotu and Inderjit Singh) with deadly weapons like swords and hockeys. The petitioner suffered injuries on his person, including the left leg, which had to be amputated. It was alleged that the shots were also fired at the petitioner and his father Mukand Singh, but they escaped being hit with the shots. On the statement of the petitioner, FIR No. 145 dated 26.6.1995 under sections 307/324/323/506/148/149 IPC and Section 25 Arms Act was registered against the accused persons. Copy of the FIR is Annexure P1. The police investigated the case and submitted a challan under Sections 325/324/506 IPC against the accused, i.e. respondents No. 2 to 5. The petitioner/complainant moved an application before the learned Magistrate praying that since the offence punishable under Section 307 IPC was prima facie, made out, the case be committed to the Court of Sessions. The learned Magistrate, however, dismissed the application of the petitioner vide order dated 5.4.1997 (copy Annexure P2).

(3.) NOTICE of motion was issued to respondents, who put in appearance. Respondent No. 1 filed reply by way of the affidavit of Shri Narjinder Singh, Deputy Superintendent of Police, (Rural) Patiala, while respondents No. 2 to 5 filed separate reply. The respondents have defended the impugned order passed by the learned Magistrate.