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2016 Supreme(P&H) 440

JASPAL SINGH
Balraj Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Petitioner:Mr. Rahul Sharma, Advocate, for Mr. P.S. Brar, Advocate.
For the Respondent No.1:Mr. Arjinder Singh Sidhu, Assistant Advocate General, Punjab.

JUDGMENT

Mr. Jaspal Singh, J.: - Through this petition preferred under Section 482 Cr.P.C., petitioner – Balraj Singh has sought quashing of complaint No.116 dated August 30, 2010 (Annexure P-1) as well as summoning order dated August 8, 2014 (Annexure P-2) passed by learned Additional Chief Judicial Magistrate, Faridkot, whereby, he has been summoned to face trial under Sections 323, 452, 506, 148, 149 IPC.

2. The brief facts recapitulated from the petition are that petitioner – Balraj Singh was posted as Head Constable at Police Station, Sadar Kotkapura. On the basis of statement of one Gurdarshan Singh, he got registered FIR No.83 dated July 28, 2009 under Sections 323, 341, 506, 34 IPC against respondent No.2 – Gurtek Singh and his brother Harnek Singh, and investigated the same. Subsequent thereto, respondent No.2 – Gurtek Singh lodged the complaint, quashing of which, has been sought through the instant petition.

3. As per the complaint, the occurrence is alleged to have taken place on June 22, 2010 at about 8.00 PM when petitioner alongwith Sarvpreet Singh etc. allegedly barged into the house of complainant – respondent No.2, manhandled the complainant and gave beatings to hi





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