Daya Chaudhary, J. - (1.) Crl. Misc. No. 21435 of 2014.
(2.) THIS is an application for placing on record Annexure P -12. Criminal Misc. Application is allowed and Annexure P -12 is taken on record. Crl. Misc. No. M -14760 of 2014 The prayer in the present petition is for quashing of order dated 24.03.2009 passed by the Additional Chief Judicial Magistrate, Ludhiana, whereby, the complaint case was converted to State case and also the order dated 29.05.2009, whereby, the respondent No. 2 has been discharged. Order dated 07.09.2013 passed by the Additional Sessions Judge, Ludhiana is also a subject matter of challenge as the revision filed by the petitioner was dismissed.
(3.) BRIEFLY , the facts of the case are that an FIR No. 82 dated 13.03.1997 was registered under Sections 382 read with Section 34 IPC at Police Station Division No. 5, Ludhiana against respondent No. 2 -Maninderjit Singh and his co -accused on the basis of statement made by the petitioner. The allegations in the complaint were that on 13.03.1997, when the petitioner went to drop the daughter of Pritpal Singh in Maruti Esteem Car No. PB -10 -Q -6200 which belonged to his employer, the car was snatched by four persons at the instance of respondent No. 2 -Maninderjit Singh and thereafter, it was handed over to him. After inquiry, the police filed a cancellation report in the case and notice was issued to the petitioner. The cancellation report was accepted by the Court and thereafter, a protest petition was filed by the petitioner against the said cancellation report. Accepting the protest petition, the Court recorded the statements of the petitioner along with six witnesses and then the accused were summoned to face trial vide order dated 15.04.2008. However, the order of summoning was challenged by respondent No. 2 by way of filing Criminal Revision Petition before the Sessions Judge, Ludhiana and the same was withdrawn by making a statement to file application under Section 245(2) Cr.P.C. before the trial Court. Thereafter, the application was moved for recalling of order dated 15.04.2008, whereby, respondent No. 2 was summoned. Out of all four accused persons, two accused, namely, Rakesh Palta and Balwinder Singh were declared as proclaimed offender, however, the charges were framed against other two accused, namely, Jaspreet Singh and Hardeep Singh. Respondent no. 2 -Maninderjit Singh was discharged vide order dated 29.05.2009, which was challenged by the petitioner by way of filing revision petition which was also dismissed on 07.09.2013.;