NARANJAN SINGH Vs. JASWANT SINGH

JUDGEMENT

(1.) Prayer in this petition is for quashing of criminal complaint case No.86/1/11 dtd. 18/5/2011 (Annexure P4) and for setting-aside the summoning order dtd. 21/9/2015 (Annexure P6) and revisional order dtd. 26/2/2016 (Annexure P8) and all other subsequent proceedings arising therefrom.

(2.) Brief facts of the case are that the respondent - Jaswant Singh filed a criminal complaint No.86 dtd. 18/5/2011 with the allegations that he is owner of the land comprised in Khasra No.37//13(8-0), (8-0), 17/1 (3-0), 18(8-0), 23/1 (4-0), 24 (8-0), 25 (8-0), 38//19/3 (1-7), 20/1 (5-14), 21 (7-6), 22 (6-0), 50//5 (4-8) and K/K. No.577/786 bearing Khasra No.37//7/2 (2-4), 8/2 (2-4) situated in the area of village Sindhar, Tehsil Shahkot, District Jalandhar. It is further stated in the complaint that accused Nos.1 to 3 i.e. the present petitioners prepared a false agreement to sell and on the basis of the same, accused No.2 - Bahadur Singh filed a suit for specific performance, which is pending before the Civil Court, however, no such agreement was executed and it was only a money transaction. It is further stated in the complaint that the complainant was sowing different types of crops over the land, however, on 6/5/2011, the accused by forming an unlawful assembly came at the spot and with the help of tractor-trolley harvested the wheat crop and took away the same by abusing the complainant. For a ready reference, the operative part of the complaint reads as follows:-

(3.) Thereafter, the trial Court vide impugned order dtd. 21/9/2015 summoned the accused persons for offence punishable under Ss. 341, 427, 447, 506, 148, 149 IPC and 27/54/59 of the Arms Act.