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2016 DIGILAW 3183 (PNJ)

Boota Singh v. State of Punjab

2016-11-11

INDERJIT SINGH

body2016
JUDGMENT : INDERJIT SINGH, J. 1. Petitioners have filed this petition under Section 482 Cr.P.C. against respondents State of Punjab and Gurjant Singh, for quashing of the complaint No.785 dated 08.10.2010 titled as 'Gurjant Singh vs. Baljeet Singh and others' under Sections 307, 364, 323, 148 and 149 IPC pending before learned JMIC, Ferozepur. 2. Notice of motion was issued and learned State counsel as well as learned counsel for respondent No.2 appeared and contested the petition. 3. I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. 4. From the record, I find that qua the same occurrence, FIR was also got registered and challan was presented against Angrej Singh, Daljit Singh and Davinder Singh. After investigation in the FIR, the present petitioners were found innocent and their names were kept in column No.2. Regarding same occurrence, the complainant filed the complaint. 5. The Hon'ble Supreme Court in Jile Singh vs. State of U.P. and another, 2012(1) RCR (Criminal) 583, has laid down the law that a person could be summoned under Section 319 Cr.P.C. and separate complaint is not maintainable. It is held that a person named in the FIR in murder case, but charge-sheet not filed by the police, such a person cannot be summoned as accused on private complaint filed by aggrieved person under Section 200 Cr.P.C. The person could be summoned by following the procedure under Section 319 Cr.P.C. The law laid down by the Hon'ble Supreme Court fully applies to the facts of the present case. 6. When regarding the same occurrence, on the statement of the present complainant, FIR has been registered and investigation has been conducted by the police and challan has been presented against other accused and present petitioners have been found innocent and shown in column No.2, then learned Magistrate has no power to summon the petitioners in a separate complaint filed by the complainant. Rather, the only remedy with the complainant as held in Jile Singh's case (supra), is to file application under Section 319 Cr.P.C. and not to file separate complaint. 7. In view of the above discussion, I find that the filing of present complaint against the petitioners is nothing but abuse of process of law and amounts to miscarriage of justice. 8. Therefore, finding merit in the present petition, the same is allowed. 7. In view of the above discussion, I find that the filing of present complaint against the petitioners is nothing but abuse of process of law and amounts to miscarriage of justice. 8. Therefore, finding merit in the present petition, the same is allowed. The complaint No.785 dated 08.10.2010 titled as 'Gurjant Singh vs. Baljeet Singh and others' under Sections 307, 364, 323, 148 and 149 IPC pending before learned JMIC, Ferozepur and all subsequent proceedings arising therefrom, are hereby quashed.