LAWS(P&H)-2019-5-86

MANPREET SINGH Vs. MALKIT SINGH AND ANOTHER

Decided On May 20, 2019
MANPREET SINGH Appellant
V/S
Malkit Singh And Another Respondents

JUDGEMENT

(1.) Present petition under Section 482 of the Code of Criminal Procedure is for quashing order dated 25.03.2019 (Annexure P/6), Complaint titled State through Pawan Kumar Reader of the Court Vs. Major Singh etc. dated 3.4.2019 (Annexure P/7) and summoning order dated 4.4.2019 (Annexure P/8) passed by learned Judicial Magistrate Ist Class, Barnala and summons dated 23.04.2019 (Annexure P/9) issued against the petitioner.

(2.) Learned counsel for the petitioner has mainly contended that the order dated 4.4.2019 (Annexure P/8) passed by learned Magistrate whereby the petitioner was ordered to be summoned, is not a speaking and reasoned judicial order as the petitioner has not been made aware of the allegations levelled against him. To support his argument, he has placed reliance upon the judgment from the Co-ordinate Bench of this Court in Sajeev Kumar Sharma Vs. State of Punjab, 2006 3 RCR(Cri) 894.

(3.) Having considered the submissions made by learned counsel for the parties and appraisal of record of this case file, this Court is of the considered view that the petitioner is primarily aggrieved by the order dated 4.4.2019 (Annexure P/8) passed by learned Magistrate. The same is extracted below :-