TEJA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India filed by Teja Singh son of Wariyam Singh praying for the quashment of the summoning order of the petitioner dated 16.5.1998 Annexure P-4 vide which the Judicial Magistrate Ist Class summoned the petitioner Teja Singh and one Darshan Singh to face the trial along with accused against whom the challan was already submitted by the State.

(2.) F .I.R. No. 29 dated 13.3.1994 was registered at the instance of Shri Sadhu Singh under Sections 326/324/342/323/34 IPC in Police Station Payal, district Ludhiana, who alleged that on 12.3.1994 at about 3.00 p.m. in the evening he and his brother Darbara Singh were returning to their house from the field store and when they were passing by the house of Jagtar Singh, Jagtar Singh son of Jarnail Singh armed with gandasa, Karnail Singh son of Ujjagar Singh armed with gandasa and Pamma son of Bhag Singh armed with stick, came out by raising Lalkara. Jagtar Singh exhorted that they should not be allowed to escape today and thereafter he gave a gandasa blow on his head which hit him on left side of his head. Karnail Singh gave a gandasa blow on the right side of the head of the complainant, as a result of which he fell down. When his brother Darbara Singh came to his rescue, Pamma gave a stick blow on the right hand of his brother. Baldev Singh also gave stick blow to his brother, who ran away to the house raising the alarm 'Mar ditta, mar ditta'. Then all the persons along with their weapons ran away from the spot after inflicting injuries to him.

(3.) S /Shri Teja Singh and Darshan Singh were not challaned by the police and the challan was submitted against the other persons in the Court of Area Magistrate.