JAGDEEP KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure is directed against the order dated 17.1.2006 passed by learned JMIC (3), Shimla taking cognizance of FIR No.109/96 registered against the petitioners under Sections 451, 147, 323, 294 and 506 IPC.

(2.) THE petitioners were summoned by the learned Magistrate. Thereafter, the petitioners filed an application under Sections 91, 239 and 240 of the Code of Criminal Procedure to place on record certain documents and alleged that they have been acquitted in respect of the same incident which form the subject matter of this FIR. This application was rejected vide order dated 6.7.2007. The learned trial Court held that it had no jurisdiction to recall its earlier order summoning the accused and once the accused had been summoned the trial had to go on. The Court further held that it had no power to discharge the accused. Hence the present petition.

(3.) IT would be pertinent to mention that on the same date i.e. 11.12.1995 a complaint was lodged at the instance of Sanjay Kumar one of the petitioner herein with the Railway Police Station, Shimla that he and the other petitioners were beaten up by Jai Singh, Amar Singh, Mohan, Balwant Rowal etc. This was registered as FIR No.8 of 1995. It is, therefore, clear that two cross complaints were lodged in respect of the same incident.