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2023 Supreme(P&H) 727

AMAN CHAUDHARY
Joginder Pal – Appellant
Versus
Mohan Lal – Respondent


Advocates appeared:
Mr.Sushant Kohli, Advocate for the petitioner
Mr.Krishan Sehajpal, Advocate for respondent Nos. 1 to 5

AMAN CHAUDHARY, J.

1. The present petition has been filed under Section 482 of the Code of Criminal Procedure for setting aside order dated 21.03.2018 passed by Judicial Magistrate, 1st Class, Jalandhar vide which the complaint of the petitioner was dismissed in default alongwith his application for exemption from personal appearance.

2. The allegations made in the complaint are that the petitioner was having a landed property in joint possession, for which the civil suit was pending. Despite that respondent Nos. 1 and 2 were trying to raise construction over the same. On 20.05.2013, he was caught by the accused and beaten up and snatched Rs.10,000/-, camera and gold ring and the sim from his mobile phone was also taken out. They abused, demeaned and humiliated him. When he raised hue and cry, his family members and other persons saved him by coming at the spot and got him admitted in the hospital.

3. Learned counsel contends that the complaint was instituted on 27.07.2013, however, the summoning order had not been passed. He was attending the proceedings by appearing himself or through his learned counsel. However, on the date when the complaint was dismissed in default vide order 21

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