Punjab-Haryana High Court
Jasbir Kaur And Another vs Tirath Kaur on 21 April, 2014
Author: Naresh Kumar Sanghi
Bench: Naresh Kumar Sanghi
CRM-M-29998-2011 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-29998-2011 (O&M)
Date of Decision: April 21, 2014
Jasbir Kaur and another
...Petitioners
Versus
Tirath Kaur
...Respondent
CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI
Present: Mr. Amardeep Singh Gill, Advocate,
for the petitioners.
Mr. K.S. Dadwal, Advocate,
for the respondent.
NARESH KUMAR SANGHI, J.
1. Prayer in this petition, filed under Section 482, Cr.P.C., is for quashing of Complaint No. 13, dated 2.8.2011 (Annexure P-6), titled as "Tirath Kaur v. Jasbir Kaur and another", and the summoning order dated 4.7.2011 (Annexure P-11), passed by the learned Judicial Magistrate Ist Class, Hoshiarpur, whereby the petitioners were summoned to face trial for the offences punishable under Sections 323 and 324 read with Section 34, IPC.
2. Learned counsel for the petitioners at the very outset submits that he does not pray for quashing of the complaint (Annexure P-6) and confines his arguments with regard to setting aside of the summoning order dated 4.7.2011 (Annexure P-11) in Kapoor Prashant 2014.04.23 16:45 I attest to the accuracy of this order CRM-M-29998-2011 (O&M) 2 view of non-compliance of the provisions contained in Section 210, Cr.P.C. To elaborate his arguments, he submits that it was specifically averred in the complaint filed by the complainant- respondent that Daily Diary Report with regard to present occurrence was recorded at Police Station, Hariyana, District Hoshiarpur, and at the time of filing of the complaint, the investigation/inquiry was going on. He further submits that the FIR with regard to the same incident was also lodged by the opposite party wherein the complainant-respondent was arrayed as an accused and, as such, the investigation was pending and in that scenario it was mandatory for the learned Judicial Magistrate to have called for the report from the concerned Station House Officer before passing the impugned summoning order. In support of his contentions, learned counsel for the petitioners has placed reliance on the judgment of this Court delivered in the case of Savera Sidhu v. Harleen Sidhu and another, 2011 (2) R.C.R. (Criminal) 442.
3. Learned counsel for the complainant-respondent very fairly concedes that there was a lapse on the part of the learned Judicial Magistrate for not calling the report from the concerned Station House Officer and, as such, by setting aside the impugned summoning order, the matter may be remitted to the concerned Court for passing the order afresh after complying with the provisions contained in Section 210, Cr.P.C. Kapoor Prashant 2014.04.23 16:45 I attest to the accuracy of this order CRM-M-29998-2011 (O&M) 3
4. I have heard learned counsel for the parties and with their able assistance gone through the material available on record.
5. There is merit in the submissions made by the learned counsel for the parties. There is clear cut non-compliance of Section 210, Cr.P.C. The Magistrate has failed to call for the report from the concerned Station House Officer. The said fact assumes significance when it was brought to the notice of this Court that the factum of lodging of the Daily Diary Report and the FIR was brought to the notice of the concerned Judicial Magistrate. Even in the impugned summoning order the factum of registration of the case is mentioned.
6. In view of above, the present petition is partly allowed. The impugned summoning order dated 4.7.2011 (Annexure P-11), passed by the learned Judicial Magistrate Ist Class, Hoshiarpur, is hereby set aside. The matter is remitted to the said Court for passing the order afresh after complying with the provisions contained in Section 210, Cr.P.C. The complainant-respondent shall appear before the learned Area Judicial Magistrate on 13.5.2014.
7. A copy of this order be sent to the concerned Judicial Magistrate immediately.
(NARESH KUMAR SANGHI)
April 21, 2014 JUDGE
Pkapoor
Kapoor Prashant
2014.04.23 16:45
I attest to the accuracy
of this order