MANGALJIT SINGH @ MANGA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure, for quashing the order dated 12.02.2007, rendered by the Court of Judicial Magistrate 1st Class, Amritsar, has been filed by Mangaljit Singh alias Manga, petitioner.

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

(3.) The Counsel for the petitioner, has submitted that the Court of Judicial Magistrate 1st Class, Amritsar, did not record its satisfaction, in coming to the conclusion that Kartar Singh son of Mangal Singh and Mangaljit Singh alias Manga son of Kartar Singh, accused, appear to have committed the offences, punishable under Sections 452 and 380 of the Indian Penal Code. He has further submitted that, as such, the Court below illegally accepted the application, under Section 319 Cr.P.C. He has further submitted that both these accused, did not cause any injury, on the person of the injured. He has further submitted that on account of the civil litigation, pending between the complainant, and their father, they were falsely implicated. He has further submitted that during the course of investigation, they were found to be innocent, and their names were kept in column No. 2. He has further submitted that even no opportunity was granted to cross-examine Joginder Singh, PW, and his examination-in-chief did not constitute the legally admissible evidence. He has further submitted that the Court below, failed to take into consideration, that no role was played by Mangaljit Singh @ Manga, petitioner, in the alleged commission of crime. He has further submitted that the order impugned, being illegal, was liable to be set aside.