LAWS(P&H)-1999-7-155

SHANGARA SINGH Vs. JOGINDER SINGH

Decided On July 27, 1999
SHANGARA SINGH Appellant
V/S
JOGINDER SINGH Respondents

JUDGEMENT

(1.) SHINGARA Singh filed complaint against Joginder Singh and others under Sections 307/323/324/452/427/382/392/397/148 read with Section 149 Indian Penal Code in the Court of Chief Judicial Magistrate, Hoshiarpur in the year 1993 (Criminal complaint case No. 73 of 1993). Complaint was dismissed on 4.12.1993 by Judicial Magistrate First Class, Hoshiarpur without summoning Joginder Singh etc., under Section 203 Cr.P.C. by Judicial Magistrate, Ist Class, Hoshiarpur vide order Annexure P/1.

(2.) SHINGARA Singh went in revision to the Court of Session (namely Crl. Rev. No. 36 of the 1993) against that order dated 4.12.1993 of Judicial Magistrate First Class, Hoshiarpur. Additional Sessions Judge vide order dated 10.9.94 Annexure P/2 accepted the revision and sent the case back to the Chief Judicial Magistrate for making further inquiry after summoning of the accused as provided under Section 398 Cr.P.C.

(3.) SHINGARA Singh instituted complaint against Joginder Singh and others under Sections 307/323/324/452/427/382/392/397/148/149 IPC (complaint case No. 73/1993). In this complaint, preliminary evidence was recorded. Shri Harsh Mehta, Judicial Magistrate Ist Class, Hoshiarpur dismissed this complaint vide order dated 4.12.1993 Annexure A/1. Shingara Singh went in revision against the order dated 4.12.1993, passed by Harsh Mehta, Judicial Magistrate, Ist class, Hoshiarpur in the said complaint, to the Court of Sessions. Sh. M.M. Bhalla, Additional Sessions Judge, Hoshiarpur accepted revision vide order dated 10.9.1994, Annexure P/2, remanding the case back to the Chief Judicial Magistrate, Hoshiarpur for making further enquiry after summoning the accused as provided under Section 392 Cr.P.C. He directed the complainant to appear before the Chief Judicial Magistrate, Hoshiarpur on 4.10.1994. On 10.11.94, the complainant did not appear before the trial Court, and consequently, the complaint dated 21.7.1993 was dismissed for want of prosecution vide order Annexure R/1. Shingara Singh instituted fresh complaint against Joginder Singh etc. under Sections 307, 323, 324, 452, 427, 382, 392, 148/149 I.P.C. on 14.11.1994 on the same cause of action in the Court of Chief Judicial Magistrate, Hoshiarpur. The complaint instituted on 14.11.1994 was dismissed after recording preliminary evidence by the Chief Judicial Magistrate, Hoshiarpur vide order dated 20.1.1995-Annexure P/3. This order Annexured P/3 dated 20.1.1995 is subject matter of challenge in this Criminal Revision.