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DEEPAK GUPTA
Natha Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
DEEPAK GUPTA, J.
By way of this petition filed under Section 482 CrPC, petitioner prays for setting aside the order dated 03.09.2021 (Annexure P3) passed by ld. JMIC, Dabwali, Sirsa, dismissing the complaint No. COMI/71/2017 filed against respondents No.2 to 4 to prosecute them under Sections 323, 324, 326, 452, 504, 506 and 34 IPC without summoning them. Also under challenge is the order dated 17.01.2023 (Annexure P5) passed by ld. Sessions Judge, Sirsa in CRR-87-2021, dismissing the criminal revision against the aforesaid order dated 03.09.2021.
2. On perusal of the paper book, it emerges that complainant in question (Annexure P2) was filed by the petitioner to prosecute respondents No.2 to 4 on the allegations that on 25.11.2016 at about 9.00 PM, respondents No.2 to 4 armed with lathi, kappa and knife respectively, came to his house, started abusing him and caused injuries with their respective weapons. It was also alleged that on making noise by him, his wife Sukhjit Kaur came and tried to save him, but accused attacked her also causing injuries. Jaspal Singh and Sukha @ Randhir Singh reached there on hearing commotion, at which respondents No.2 to 4-accused then fled a
The evidence presented must be credible and not self-contradictory for the issue of process to be considered.
The court highlighted the importance of considering the context of multiple pending litigations between the parties and the lack of evidence for the alleged offences in reaching the decision to quash....
The main legal point established in the judgment is the requirement for prima facie evidence and the need for the magistrate to apply judicious mind in summoning an accused in a criminal case.
Credibility of injured eyewitnesses is paramount; their testimony cannot be disregarded solely due to relationships with the complainant. Minor inconsistencies do not negate the prosecution's case.
The court emphasized the requirement of a prima facie case to summon the accused and the necessity of injury report in determining the sufficiency of grounds for summoning the accused.
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