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2023 Supreme(P&H) 1352

DEEPAK GUPTA
Natha Singh – Appellant
Versus
State of Haryana – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Sanjiv Kumar Aggarwal, Advocate and Mr. Ojas Bansal, Advocate
For the Respondent:Mr. Parveen Kumar Aggarwal, DAG, Mr. Aditya Sanghi, Advocate

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

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