SANDEEP KUMAR Vs. JAGDISH KUMAR

JUDGEMENT

(1.) Prayer in this petition is for quashing of criminal complaint No.552/11 dated 31.10.2011 (Annexure P-9) filed under Sections 323, 395, 452, 506, 427, 148, 149, 120-B of the Indian Penal Code (for short 'IPC') titled as Jagdish Kumar Singh Vs. Sarabjit Singh and others and the summoning order dated 10.01.2012 (Annexure P-13) passed by the Judicial Magistrate 1st Class, Amritsar, vide which the petitioners had been summoned to face the trial under Sections 323, 452, 506, 427, 148, 149, 120-B IPC as well as all the consequential proceedings arising therefrom.

(2.) Brief facts of the case are that respondent-complainant Jagdish Kumar filed the aforesaid complaint against the petitioners and others accused persons, with the allegations that accused No.1 Sarbjit Singh @ Raju is running a cable company under the banner of Surya Satellite Service, at Amritsar, having the rights of Satellite Television Channels. He is having a dispute with cable operator namely M/s God Father Communication. On 14.09.2011, when the complainant was working in his shop, the accused persons armed with weapons, entered the premises and threatened him, by saying that they have come from MSM Discovery Channel and the complainant is unauthorizedly using their channel. The complainant protested the accused persons, indulged in violence and they caused severe damage in the shop. When shopkeepers of the adjoining shops came to save him, the accused persons ran away.

(3.) The trial Court, thereafter, recorded statements of the complainant and other witnesses and vide impugned order dated 10.01.2012, summoned the petitioners and other accused persons. The impugned summoning order reads as under: -