- (1.) Petitioners have filed the present petition under Section 482 CrPC seeking quashing of order dated 23.4.2013 passed by learned Additional Sessions Judge, Bathinda, whereby revision petition filed by respondent no.2 has been allowed and order dated 7.7.2011 passed by Additional Chief Judicial Magistrate, Bathinda has been set aside while observing that there is sufficient evidence on record to summon the petitioners as additional accused and directed the trial Court to re-examine Gursewak Singh and to decide the application under Section 319 CrPC thereafter.
(2.) The brief facts of the case are that the complainant - Albel Singh is owner of land measuring 43 kanal 1 marla of Puriwala Bus Stand. The land of Gurmander Singh adjoins his land. On the other side, there is land of Sarban Singh and there is also a road on one side. A water course was sanctioned by the authorities in between the land of Gurmander Singh and Sarban Singh. The said water course was being used by them for irrigation. On 10.11.2008, the son of the complainant namely Gursewak Singh told the complainant that Sukhmander Singh son of Sarban Singh was driving the tractor while Gurmander Singh and Sarban Singh were sitting on the cultivator of the tractor and thereby, they demolished the water course. The matter was reported to the panchayat, where a compromise was effected and the accused were directed to restore the water channel, but they failed to do so and rather, they encroached upon the water course. In this manner, the instant FIR No.112 dated 25.11.2008 under Section 447, 430, 431, 427 IPC P.S. Sadar, Bathinda was registered against the accused on the statement of complainant Albel Singh.
(3.) After investigation, the police filed the challan and the prosecution kept the petitioners - Sarban Singh and Sukhmander Singh in column no.2 and both the petitioners were declared innocent. On 21.7.2009, charges were framed against Gurmander Singh under Sections 447/431 IPC. Although the complainant Albel Singh was examined as PW-1 but the prosecution did not examine Gursewak Singh and he was given up, as unnecessary witness, on 9.3.2010. On 13.10.2010, the complainant Albel Singh moved an application under Section 319 CrPC for summoning of the petitioners to face trial along with accused Gurmander Singh.;