- (1.) By way of this petition under Section 482 Cr.P.C, the petitioner Tarsem Lal has prayed for setting aside the order dated 28.05.2004 (Annexure P-4) passed by learned Sub Divisional Judicial Magistrate, Anandpur Sahib, whereby the petitioner was summoned to face trial in terms of Section 319, Cr.P.C with the principal accused for having committed the offences punishable under Sections 323, 325 read with Section 34, IPC. The petitioner has also challenged the order dated 04.11.2006 (Annexure P-6) passed by learned Additional Sessions Judge, Ropar, whereby the revision filed by the petitioner challenging the order dated 28.05.2004 (Annexure P-4) was dismissed.
(2.) Brief facts of the case are that on the complaint of Smt.Veena Rani, FIR No.37, dated 05.07.1997, under Sections 323, 325 read with Section 34 of IPC, was registered at Police Station Anandpur Sahib. According to her statement made before the police, Tarsem Lal-petitioner, Laxmi Narain, Baljinder Kumar, Mahesh Kumar, Darbara, Bachittar and Surjan had caused injuries to Veena Rani-respondent No.2/complainant and her husband Vishwa Nath.
(3.) During investigation, the petitioner-Tarsem, Baljinder Kumar and Laxmi Narain were found to be innocent, therefore, the police did not file the challan against these persons. Learned trial court framed the charges for the commission of offences punishable under Sections 323 read with Section 34 IPC against Darbara and Mahesh Kumar on 30.07.1999. Smt.Veena Rani was examined as prosecution witness. Thereafter, an application in terms of Section 319, Cr.P.C was filed for summoning of petitioner-Tarsem, his sons-Baljinder Kumar and Laxmi Narain as additional accused. Learned trial court dismissed the application qua petitioner Tarsem Lal while making observations that the petitioner had not caused any injury, therefore, his summoning was not worth. However, the application was allowed qua Baljinder Kumar and Laxmi Narain and they were summoned to face trial. Baljinder Kumar and Laxmi Narain challenged the order of their summoning by way of a criminal revision before the court of Sessions and the same was allowed by setting aside the summoning order.;