(1.) ON the direction of this Court, Shri G.S. Gill, AAG Punjab who is present in the court, accepts notice on behalf of respondent No. -1 and submits that he does not went to file any written statement in view of the categorical stand taken up by Shri Bhajan Lal, respondent No. 2 for the quashment of complaint dated 17.1.1995 under Section 302 read with section 34, Indian Penal Code (Annexure P -3) titled Bhajan Lai V. Jagan Lal and others pending in the Court of Judicial Magistrate 1st Class, Abohar, summoning order dated 29th July, 1995 (Annexure P -4) and the charge -sheet dated 7th June, 1996 (Annexure P5)
(2.) THOUGH it is a murder case regarding the death of Shri Chandi Ram, father of Shri Bhajan Lal (respondent No. 2) and with regard to the murder of Shri Chandi Ram, Rapat No. 16 dated 13th June, 1994 was recorded but during the course of investigation it was found to be false. Later on the Police opted to prosecute Shri Bhajan Lal and others under Section 182, IPC. In order to circumvent those proceedings under section 182, Cr. P.C., Shri Bhajan Lal, respondent No. 2 filed a Criminal complaint under Section 302, I.P.C. against the present petitioners. The said complaint was committed to the Court of Session in which the accused have been charge -sheeted vide order (Annexure P5).
(3.) NOW the present petition has been filed with the assertion that the said complaint was nothing but an abuse of the process of law and it has been filed by Shri Bhajan Lal in order to save his own skin in view of the proceedings under Section 182, Indian Penal Code.