Punjab-Haryana High Court
Lashkar Singh & Ors vs State Of Punjab & Anr on 24 January, 2011
Author: Daya Chaudhary
Bench: Daya Chaudhary
Crl. Misc. No. M-2160 of 2011 (O&M) (1)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-2160 of 2011 (O&M)
DATE OF DECISION: 24.01.2011
Lashkar Singh & Ors. ..........Petitioners
Versus
State of Punjab & Anr. ..........Respondents
BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY
Present:- Mr. K.S. Dhanora, Advocate
for the petitioners.
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DAYA CHAUDHARY, J.
Crl. Misc. No. 4024 of 2011 Application is allowed as prayed for.
Crl. Misc. No. M-2160 of 2011 The present petition under Section 482 Cr.P.C. has been filed on behalf of Lashkar Singh, Darshan Lal and Harwinder Kumar for quashing of complaint No.173-1-09 dated 31.7.2009 and summoning order dated 27.8.2010 passed by Judicial Magistrate First Class, Phillaur.
Learned counsel for the petitioner contends that the complaint has been filed only because of the previous dispute between the parties that too after a lapse of more than 10 months.
Heard the arguments of the learned counsel for the petitioner and have also gone through the complaint as well as the impugned summoning order.
The only argument raised by the learned counsel for the Crl. Misc. No. M-2160 of 2011 (O&M) (2) petitioner is that because of the previous dispute between the parties, the present complaint has been filed and that too after a lapse of more than ten months. No other ground has been raised to challenge the impugned summoning order. The impugned summoning order has been passed on the basis of allegations contained in the complaint where specific allegations and attribution is there and reasoning has also been given to summon the petitioners. There is no merit in the argument raised by learned counsel for the petitioner, on which basis, it can be said that only because of the previous litigation and with malafide intention, the present complaint has been filed. No ground is there to quash the complaint as well as summoning order. The petition being devoid of any merit is hereby dismissed.
January 24, 2011 (DAYA CHAUDHARY) pooja JUDGE
Note:-Whether this case is to be referred to the Reporter .......Yes/No