AVTAR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Present petition under Section 482 of the Code of Criminal Procedure is for quashing order dated 28.4.2014 (Annexure P/4) passed by learned Additional Sessions Judge, Fatehgarh Sahib in case bearing FIR No. 64 dated 18.05.2010 under Sections 365, 341, 342, 323, 148 read with Section 149 IPC registered at Police Station Fatehgarh Sahib.

(2.) Facts relevant for the purpose of decision of the present petition; that the petitioner, who is complainant of the above mentioned FIR, was aggrieved of report submitted by the Investigating Agency under Section 173 Cr.P.C. In the said report, offence under Section 365 IPC was dropped. The petitioner also filed a complaint under Sections 326, 365, 367, 341, and 149 IPC against respondents No. 2 to 9 for the same occurrence and the respondents were summoned vide order dated 12.1.2012 by learned Judicial Magistrate Ist Class, Fatehgarh Sahib. Respondents No. 2 to 5 filed a revision petition against the summoning order and learned Sessions Judge, Fatehgarh Sahib vide order dated 31.1.2013 issued directions that as per provisions of Section 210 (2) Cr.P.C., the State case and Complaint Case are to be tried together and ordered that both the cases be tried jointly and directions were issued to both the parties to appear before the trial Judge on 06.02.2013.

(3.) Respondents No. 2 to 9 also filed another application for clubbing the State case as well as Complaint case on 16.4.2014 and learned Additional Sessions Judge, Fatehgarh Sahib on 28.4.2014 passed order (Annexure P/4) without taking into consideration the earlier order dated 31.1.2013 (Annexure P/2) passed by learned Sessions Judge, Fatehgarh Sahib.