IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-34557 of 2007
Date of decision: 10th February, 2009
Ram Nath and others
... Petitioners
Versus
State of Punjab and another
... Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Jasbir Rattan, Advocate for the petitioners.
Mr. Mehardeep Singh, Assistant Advocate General Punjab for
the State.
Mr. Mandeep Kaushik, Advocate for respondent No.2.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
On May 28, 2007, a Coordinate Bench had noticed following
contention of the counsel for the petitioner:
“Learned counsel for the petitioners contends that the
occurrence in the case took place on 28.10.2001 whereas the
complaint was filed in the Court of Additional Chief Judicial
Magistrate, Ludhiana, on 3.11.2001 i.e. after about five days
of the occurrence. It is submitted that nothing has been proved
on record to show that an application was made to the police,
which was not attended to. It is further submitted that as per
allegations in the complaint beatings were caused with lathies
and fist blows and kicks on the person of the complainant.
However, no medical examination has been got done. It is
submitted that only one witness of the alleged occurrence has
been examined who is not of the locality but of some other
area who also is a chance witness.
Learned counsel submits that an application was filed
under Section 245 Cr.P.C. for seeking their discharge which
Criminal Misc. No. M-34557 of 2007
has been declined vide order dated 17.7.2006 by holding that
the Magistrate has no power to review or recall the
summoning order. Thereafter, no evidence has been
recorded. A reference has been made to the interim orders
dated 15.9.2006, 20.11.2006 and 13.1.2007. Learned counsel
submits that false occurrence has been cooked up by the
complainant as Ramesh Kumar (respondent No.2) is the
brother of the son-in-law of petitioner No.1 and there is
litigation pending between the parties.”
This case was essentially an offshoot of a matrimonial
dispute. Now parties have arrived at a compromise. Statement of Ramesh
Kumar respondent No.2 has been recorded separately. He has been
identified by his counsel, Mr. Mandeep Kaushik.
In view of the statement made by respondent No.2 and ratio of
law laid by Full Bench of this Court in ‘Kulwinder Singh and others v.
State of Punjab and another’, 2007 (3) RCR (Criminal) 1052, present
petition is accepted and impugned complaint (Annexure P-1) along with all
subsequent proceedings pending in the Court of ACJM, Ludhiana, is
quashed.
[KANWALJIT SINGH AHLUWALIA]
JUDGE
February 10, 2009
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