BILLU @ BALRAM Vs. STATE OF PUNJAB
LAWS(P&H)-2013-2-17
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 06,2013

Billu @ Balram Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

MEHINDER SINGH SULLAR,J. - (1.) THE contour of the facts and material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, is that initially, in the wake of complaint of petitioner-complainant Billu alias Balram son of Gopi Ram (for brevity "the complainant"), a criminal case was registered against the accused/private respondents Nos.2 to 6, vide FIR No.11 dated 13.4.2010, on accusation of having committed the offences punishable u/ss 148, 307, 323, 324, 326 and 506 read with section 149 IPC by the police of Police Station Bahavwala, District Ferozepur.
(2.) AFTER completion of the investigation, the police submitted the final police report (challan) against the private respondents-accused to face the trial of the indicated offences. Consequently, the case was committed to the Court of Session for trial against the respondents- accused. Taking into consideration the final police report and material/evidence annexed therewith, the trial Court came to the conclusion that since there was no intention to attempt to murder, so, the accused were liable to be charge-sheeted only for the commission of offences punishable u/ss 148, 326, 324 & 323 read with section 149 IPC triable by the Court of Magistrate. Therefore, the case was remitted back to the Court of Chief Judicial Magistrate for proceeding against the accused in accordance with law, by means of impugned order dated 1.6.2011 by the Sessions Judge.
(3.) AGGRIEVED thereby, the petitioner-complainant has preferred the present criminal revision petition to quash the impugned order, invoking the provisions of section 401 Cr.PC.;


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