TARLOK SINGH AND ANR Vs. STATE OF PUNJAB AND ANR
LAWS(P&H)-2014-7-879
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 04,2014

TARLOK SINGH AND ANR Appellant
VERSUS
State Of Punjab And Anr Respondents

JUDGEMENT

- (1.) The petitioners were arraigned as an accused in FIR No.14 dated 26.01.2010, registered under Sections 427, 447, 506 and 511 IPC read with Section 34 IPC, Police Station Mukerian, at the instance of respondent No.2. On completion of the investigation in the said FIR, the investigating agency laid a report against them.
(2.) The trial Court while hearing on the point of charge, came to the conclusion that there existed no prima facie case against the petitioners for framing of charge under Sections 427, 447, 506, 511 and 34 IPC and by virtue of order dated 09.02.2011 they were discharged. Aggrieved with the same, the complainant-respondent No.2 preferred a revision petition before the Additional Sessions Judge, Hoshiarpur, which has been allowed vide order dated 01.02.2013 making the following observations:- "7. In view of above discussion and without elaborating further, I am constrained to say that the complainant/ revision petitioiner has succeeded to prove his case. The revision is accordingly allowed and impugned order dated 9.2.2011 passed by the learned trial Court thereby discharging the accused is hereby set aside. Accused are ordered to be charge sheeted u/s 447/ 427/ 506/ 511/ 34 IPC under the rules. The parties are directed to appear before the learned trial/ successor Court on 21.2.2013 for further proceedings. The record of the trial Court be sent back immediately along with the copy of this judgment. File be consigned to the record room."
(3.) Dis-satisfied with the same, the petitioners have filed the instant petition challenging the order dated 01.02.2013. Notice of the petition was issued to the respondents. None had appeared on behalf of respondent No.2- complainant despite service.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.