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2021 Supreme(P&H) 1483

G.S.SANDHAWALIA
Daljit Singh Cheema – Appellant
Versus
Balwant Singh Khera – Respondent


Advocates Appeared:
Mr.R.S.Cheema, Sr. Advocate with Mr. K.S. Nalwa, Advocate, for petitioners No.1 & 3. Mr.Ashok Aggarwal, Sr.Advocate with Mr.Mukul Aggarwal, Advocate, for petitioner No.2, for the Appellant; Mr. Ish Puneet Singh, Advocate for the respondent, for the Respondent

JUDGMENT

G.S. Sandhawalia, J. - Petitioners in the present petition, filed under Section 482 Cr.P.C. seek quashing of the complaint No.23 of 2009 dated 20.02.2009 (Annexure P-7) titled “Balwant Singh Khera Vs. Sukhbir Singh Badal and others” filed under Sections 463,465, 466, 467, 468, 471, 191, 192 of IPC, 1860 and impugned summoning order dated 04.11.2019 (Annexure P-19) passed by ACJM, Hoshiarpur summoning the petitioners under Sections 420, 465, 466, 467, 468, 471 read with 120-B IPC and all subsequent proceedings arising therefrom.

2. A perusal of the paperbook and the record would go on to show that initially a complaint was filed against Sukhbir Singh Badal (petitioner No.3), Sukhdev Singh Dhindsa, Surinder Singh Shinda and Dr.Daljit Singh Cheema (petitioner No.1) on 20.02.2009 (Annexure P-7) Petitioner No.2, Prakash Singh Badal, father of Sukhbir Singh Badal was not arrayed as respondent-accused. The gamut of allegations in the complaint was that Shiromani Akali Dal (SAD) was functioning at both State and national level and the SAD (Badal) had become a larger faction of the said party. It is claimed that the party was engaged in religious activities which were not secular as

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