Punjab-Haryana High Court
Smt. Balwinder Kaur Etc vs State Of Punjab Etc on 11 October, 2010
Author: Sabina
Bench: Sabina
Criminal Misc. No. M-18684 of 2010 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Crl. Misc. No. M-18684 of 2010 (O&M)
Date of Decision:October 11 , 2010
Smt. Balwinder Kaur etc. ...........Petitioners
Versus
State of Punjab etc. ..........Respondents
Coram: Hon'ble Mrs. Justice Sabina
Present: Ms. Indu Bala, Advocate for
Mr.J.B.S.Gill, Advocate for the petitioners
**
Sabina, J.
Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure (for short `Cr.P.C.) seeking quashing of the challan pending in the Court of Judicial Magistrate Ist Class Dasuya in connection with a case under Sections 148, 302,307,326,324,341,149 of the Indian Penal Code (for short`IPC') registered at Police Station Tanda District Hoshiarpur vide FIR No. 109 dated 11.5.2007 (Annexure P1) and the impugned order dated 5.6.2010 passed by the Additional Sessions Judge, Hoshiarpur on an application filed by the petitioners under Section Criminal Misc. No. M-18684 of 2010 (O&M) 2 395 Cr.P.C. (Annexure P4) In the present case, the FIR was lodged by Gurjit Singh @ Gauri. As per the allegations in the FIR, complainant along with Nihal Singh were travelling on a motor cycle on 10.5.2007 at about 8.00 P.M. When they were about to take a turn near the house of Satnam Singh, Rajbir Singh armed with gandasi, Nishan Singh armed with spear and another person armed with kirpan and Balwinder Kaur and Harpreet Kaur were standing on the road. Rajbir Singh stopped the motor cycle of the complainant party and raised a lalkara that a lesson be taught to them. Nishan Singh gave spear blow on the person of Nihal Singh. Rajbir Singh gave gandasi blow on the person of Nihal Singh. Nihal Singh fell on the road and then the unknown person gave a kirpan blow on the person of Nihal Singh. Ajit Singh came to the spot on a bicycle and he was also inflicted injuries by the assailants . Baljinder Kaur and Harpreet Kaur caught hold of Ajit Singh from his hair and took him to their land. On hearing the screams, Sucha Singh and other persons reached the spot. The assailants fled away from the spot.
Challan was not presented against the petitioners. An application was filed by the prosecution under Section 319 Cr.P.C. to summon the petitioners as co-accused. However, the said application was dismissed and Criminal Revision No. 1532 of 2008 was filed by the complainant in this Court challenging the order whereby the application under Section 319 Cr.P.C. was dismissed. The said revision petition was dismissed by this Court vide order dated 21.11.2008( Annexure P3) and it was held that the petitioner would be at liberty to press his application after completion of the cross-examination of the witness. Thereafter, an Criminal Misc. No. M-18684 of 2010 (O&M) 3 application was moved by the accused under Section 395 Cr.P.C. praying that the reference be made to this Court to pass an order quashing the challan pending against the petitioners. Learned Additional Sessions Judge, while dismissing the application, in paras 12 and 13 of its order has held as under:-
"12. Since the learned Ilaqa Magistrate Judicial Magistrate Ist Class Dasuya simply sent the supplementary challan against the accused Balwinder Kaur and Harprit Kaur without procuring presence of the accused, therefore, this supplementary challan is remanded back to the court of learned Ilaqa Magistrate i.e. Judicial Magistrate Ist Class Dasuya with the directions to firstly procure the presence of both the co-accused mentioned in the challan i.e. Balwinder Kaur and Harprit Kaur and only thereafter commit the case to the court of Sessions in accordance with law. In this context I place reliance on the authority H.M.Revanna vs. State of Karnataka 1997 Crl.Law Journal 4627 wherein it was held by Hon'ble Karnataka High Court that under Section 209 Cr.P.C., it is incumbent upon the Magistrate to secure presence of the accused persons first and thereafter commit the case to the court of Sessions.
13. In view of the ratio of law laid down in the above stated authority, supplementary challan of accused Balwinder Kaur and Harprit Kaur FIR No. 109 dated 11.5.07 under Sections 302,307,326,324,341,148,`49 of IPC is remanded back to the court of Judicial Magistrate Ist Class, Dasuya to secure the presence of the accused and then commit the case according to Criminal Misc. No. M-18684 of 2010 (O&M) 4 law.
Vide the said order, the challan has been remitted to the Magistrate to commit the challan in accordance with law.
In these circumstances, no ground for interference by this Court is made out at this stage.
Dismissed.
( Sabina ) Judge October 11, 2010 arya