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1998 Supreme(P&H) 147

K.K.SRIVASTAVA
Sardar Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

K.K.Srivastava, J.

1. Sardar Singh son of Mehar Singh, resident of House No. B-IV-575, Mohalla Fatehganj, Ludhiana seeks the quashing of criminal complaint dated 10.1.1997 filed under Section 325 of Indian Penal Code, copy annexure P2, and the impugned order of summoning dated 2.8.1997, copy Annexure P1, passed by Judicial Magistrate, IInd Class, Ludhiana. The criminal complaint, Annexure P2, was filed by respondent No. 2, Harnam Singh son of Amit Singh resident of B-V-487, Mohalla Fatehganj, Ludhiana in respect of an occurrence taking place on 6.1.1997 in which the petitioner accused Sardar Singh wielded a soti blow on the head of the complainant-respondent Harnam Singh who raised his right arm to ward off soti blow on his right forearm resulting in the fracture of the bone. Respondent No. 2 complainant approached the police for a registration of the F.I.R., but since no action was taken, this complaint was filed under Section 325 of Indian Penal Code (for short to be referred as IPC) on 10.1.1997. The complainant examined himself, Dr. Kulwant Singh, Medical Offricer, Civil Hospital, Ludhiana, Parvinderpal Singh and Surinder Kumar in the preliminary evidence and filed phot





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