GURBIR SINGH
Parveen – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. summary of factual background and allegations. (Para 1 , 2 , 3) |
| 2. arguments regarding validity of claims and counterclaims. (Para 4 , 5 , 6 , 8 , 9 , 10) |
| 3. court's analysis of evidence and reasoning. (Para 11 , 12 , 13) |
| 4. final conclusions and dismissal of the petition. (Para 14 , 15) |
JUDGMENT
Mr. Gurbir Singh, J.
Prayer in the present petition filed under Section 482 Cr.P.C., 1973 is for quashing the Criminal Complaint No.COMI/106/2016 dated 20.08.2016 (Annexure P-1) filed by respondent no.2 as well as the impugned summoning order dated 20.05.2019 (Annexure P-2) passed by learned Judicial Magistrate 1st Class, Charkhi Dadri, vide which the petitioners have been summoned for the offences committed under Sections 147 , 148, 323, 324, 506 read with Section 149 IPC in the above said Criminal Complaint.
2. Learned counsel for the petitioners has submitted that respondent no.2-complainant filed the complaint (Annexure P-1) on the allegations that on 21.04.2016, at about 07:30 PM, his brother Sukhvinder Singh was returning to his house, from the fields. On the way, when he reached near the house of Sombir, Parveen caused a stone injury from the roof and raised lalkara th
Bahubhai Bhimabhai Bokhiria v. State of Gujarat 2014 RCR(Cri) 915
Hardeep Singh v. State of Punjab 2014 (1) RCR(Cri) 623
Kishore Kumar Khaitan v. Parveen Kumar Singh 2006(3) SCC 312
M/s Pepsi Foods Ltd. v. Judicial Magistrate (1998) 5 SCC 74
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.
The court affirmed that a Magistrate must ensure a prima facie case exists before summoning accused, emphasizing careful scrutiny of evidence at the initial stage.
The central legal point established in the judgment is the interpretation and application of Section 319 Cr.P.C., emphasizing the need for evidence to form a prima facie view and the intent to ensure....
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