HAKAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, for quashing the summoning order dated 20.03.2009, (Annexure P-6), passed by the Court of Additional Sessions Judge, Ludhiana, in pursuance of the application under Section 319 Cr.P.C., whereby the petitioners were summoned as additional accused, for facing trial for the offences, punishable under Sections 302, 325, 452, 323, 324 and 506 read with Section 34 of the Indian Penal Code, in case FIR No. 69 dated 13.04.2007, Police Station Sadar Khanna, has been filed by the petitioners.

(2.) I have heard the Counsel for the parties, and have gone through the documents, on record, carefully.

(3.) ON the other hand, the Counsel for the respondents, submitted that the Court below after taking into consideration the statement of Daljit Kaur, PW- 2, in its proper prospective, rightly came to the conclusion, that the aforesaid persons had prima facie committed the offences, referred to above. It was further submitted that it could not be said that there was no legally admissible evidence, connecting these accused, with the offences. It was further submitted that it could not be said that the satisfaction recorded by the Court, below, for summoning these accused was, not based on judicial principles but on flimsy grounds. It was further submitted that the discretion exercised by the Court below, could not be said to be arbitrary or capricious. It was further submitted that the order, impugned, being legal and valid, was liable to be upheld.