GURMIT 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 9.1.2017 (Annexure P/1) passed by learned Additional Sessions Judge, Jalandhar and order dated 20.09.2016 (Annexure P/2) passed by learned Judicial Magistrate Ist Class, Phillaur whereby the application moved by the petitioner for summoning of respondent No. 8 as an accused was dismissed.

(2.) Facts relevant for the purpose of decision of the present petition; that the present petitioner had filed an application under Section 319 Cr.P.C. before learned Magistrate for summoning of Balihar Singh son of Ajit Singh for his trial alongwith other co-accused. As per the complainant, above mentioned Balihar Singh son of Ajit Singh alongwith other accused armed with deadly weapons trespassed into their house and committed various offences as detailed in the complaint. However, because of accidental omission on the part of the complainant, name of Balihar Singh son of Ajit Singh could not be mentioned in the title of the complaint and as such, learned Magistrate did not summon said Balihar Singh son of Ajit Singh. On 13.12.2013, petitioner filed an application under Section 319 Cr.P.C., for summoning of Balihar Singh son of Ajit Singh and on 21.1.2014, the said application was dismissed by learned Magistrate. The petitioner filed revision petition against the said order before learned Additional Sessions Judge and the same was dismissed as withdrawn with permission to file a fresh application under Section 319 Cr.P.C. Accordingly, the petitioner filed another application under Section 319 Cr.P.C. on 9.5.2014 before learned Magistrate. The said application was also dismissed vide order dated 19.12.2014 by learned Magistrate. Again the said order was challenged before learned Additional Sessions Judge, Jalandhar, which was dismissed on 27.7.2015.

(3.) At the time of arguments, learned counsel for the petitioner contended that said Balihar Singh son of Ajit Singh was actively involved in the commission of offence and he had entered the house of the complainant, but inadvertently, his name was not mentioned in the complaint titled Gurmit Singh Vs. Piara Singh and others, filed by the complainant and subsequently, application was filed for summoning of Balihar Singh son of Ajit Singh. Though, in the complaint there were allegations against Balihar Singh son of Ajit Singh, but the same has been dismissed by the Courts below ignoring all these facts.