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2019 Supreme(P&H) 78

SHEKHER DHAWAN
Avtar Singh – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
H.S. Brar, Adv., Ajay Pal Singh Gill, Adv., Dhirinder Chopra, Adv.

JUDGMENT :

Shekher Dhawan, J.

Present petition under Section 482 of the Code of Criminal Procedure is for quashing order dated 28.4.2014 (Annexure P/4) passed by learned Additional Sessions Judge, Fatehgarh Sahib in case bearing FIR No. 64 dated 18.05.2010 under Sections 365, 341, 342, 323, 148 read with Section 149 IPC registered at Police Station Fatehgarh Sahib.

2. Facts relevant for the purpose of decision of the present petition; that the petitioner, who is complainant of the above mentioned FIR, was aggrieved of report submitted by the Investigating Agency under Section 173 Cr.P.C. In the said report, offence under Section 365 IPC was dropped. The petitioner also filed a complaint under Sections 326, 365, 367, 341, and 149 IPC against respondents No. 2 to 9 for the same occurrence and the respondents were summoned vide order dated 12.1.2012 by learned Judicial Magistrate Ist Class, Fatehgarh Sahib. Respondents No. 2 to 5 filed a revision petition against the summoning order and learned Sessions Judge, Fatehgarh Sahib vide order dated 31.1.2013 issued directions that as per provisions of Section 210 (2) Cr.P.C., the State case and Complaint Case are to be tried together and order








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