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2022 Supreme(P&H) 310

SURESHWAR THAKUR
Sukhpal Singh Khaira – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Surjit Singh Swaich, Advocate Mr. Abhay Sher Singh Mann, Advocate and Mr. Mehtab Singh Khaira, Advocate, for the Appellant; Mr. Bhupender Beniwal, AAG, Punjab, for the Respondent

JUDGMENT

Sureshwar Thakur, J. - FIR bearing No. 60 dated 25.05.2020 constituting therein offences, embodied under Section 188 IPC, under Section 51 of the Disaster Management Act, 2005, and, under Section 3 of the Epidemic Diseases Act, 1897, became registered at Police Station Division No. 4, Police Commissionerate, Jalandhar, District Jalandhar.

2. After completion of investigations into the FIR (supra), a report under Section 173 Cr.P.C. became instituted, on 21.09.2021, by the investigating officer concerned, before the Chief Judicial Magistrate, and, upon its presentation there, as unfolded by the impugned order, as, carried in Annexure P-5, the learned Chief Judicial Magistrate proceeded to issue summons, upon, the accused in the FIR (supra).

3. The petitioner becomes aggrieved from the summoning order, as embodied in Annexure P-5, and, has made a prayer for the quashing of the summoning order, and, has also made a further prayer for quashing of all consequential proceedings as arise therefrom.

4. The ill performed acts were visibly barred by the law, and or, were done in contempt of lawful authority of public servant, and, as such the provisions of Section 195 of the Cr.P.C., be

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