J.B.GARG,J - (1.) GURMUKH Singh, his wife Manjit Kaur, two daughters Rani alias Satpal Kaur and Karamjit Kaur and a son Gogi, in all five petitioners have challenged a summoning order dated 30.4.1991 passed by Shri Naginderjit Singh, Judicial Magistrate, I Class, Ludhiana on a complaint instituted by Jaswant Singh, the brother, for offences under Sections 324/326/452/148/149 of the Indian Penal Code.
(2.) THE allegations of the complainant are that the dispute relates to possession of residential house and Gurmukh Singh, the brother, allegedly caused injury with a Gandasi and it was grievous as well. On behalf of the present petitioners, it has been alleged that a similar complaint filed by Jaswant Singh a brother of Gurmukh Singh relating to the same occurrence was dismissed by Judicial Magistrate I Class, Ludhiana on 5.7.1990 and that too after closing the pre-charge evidence of the complainant and second complaint regarding the same occurrence was not maintainable.
(3.) THE learned counsel for Jaswant Singh respondent, who is the complainant, it has been pointed out that he is employed as a Driver in CRPF and he could not attend the Court on 5.7.90 because there was misunderstanding regarding the date fixed and his duty is of such a nature that he could not immediately file the second complaint and it could be filed only on 29.8.1990.;