JUDGEMENT
DAYA CHAUDHARY,J. -
(1.) By this judgment of mine, three cases bearing
Criminal Misc. No.M-4568 of 2016, Criminal Misc. No.M-4569 of 2016 and
Criminal Misc. No.M-4570 of 2016 shall be disposed of as common question
of law and facts are involved. However, for the sake of convenience, the
facts are being derived from Criminal Misc. No.M-4568 of 2016.
(2.) This petition has been filed under Section 482 Cr.P.C for quashing of order dated 14.12.2015 passed by the Judicial Magistrate Ist Class,
Panchkula, whereby, the petitioners have been summoned in complaint case
No.193 dated 16.11.2011/01.07.2013 for offences punishable under Sections
148, 149, 323, 452 and 506 IPC as well as order dated 27.01.2016 passed by the Additional Sessions Judge, Panchkula in the revision petition
filed by the petitioners, whereby, the revision petition has been
dismissed and the order of summoning has been upheld.
(3.) Briefly stated, the facts of the case are that petitioners No.1 to 3 and complainant-respondent No.2 are neighbourers and they shared a common
wall between their House Nos.1316 and 1317, Sector 25, Panchkula,
respectively. Due to certain differences arose between the parties,
respondent No.2 filed a criminal complaint No.193 dated 16.11.2011, in
which, petitioners were summoned to face trial vide order dated
14.12.2015 passed by the Judicial Magistrate Ist Class, Panchkula. Thereafter, petitioners challenged the above-said order by way of filing
the revision petition before the Additional Sessions Judge, Panchkula,
which was dismissed. The order of summoning and the order passed in the
revision petition are subject matter of challenge in the present petition.;
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