- (1.) Petitioner Hira Lal alias Bawa Ram has filed this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as `the Code') for quashing of the cross-case qua him in FIR No. 33 dated 20.5.1994 under Sections 323/324/326/148/149 IPC, registered at Police Station Banga, District Jalandhar, and order dated 13.7.1998, passed by the trial court, whereby he and Mukhtiar Singh was summoned under Section 319 of the Code as additional accused to face trial along with other accused and the subsequent proceedings.
(2.) In this case, FIR No. 33 dated 20.5.1994 was registered under Sections 323/324/148/149 IPC at Police Station Banga, District Jalandhar, on the complaint made by one Jaswinder Singh against Stephen, Nachhattar Singh, Gurnam Singh and Chhinder Pal. Regarding the same occurrence, a cross case was also got registered by Chhinder Pal and Harjinder Kaur under Sections 323/324/326/148/149 IPC against Harpal Singh, Jaswinder Singh, Satya, Charanjit Kaur, Mukhtiar Singh and the present petitioner. After investigation in the cross case, challan was presented against Harpal Singh, Jaswinder Singh, Satya and Charanjit Kaur for the aforesaid Crl. Misc. No. 54387-M of 2005 -2- offences. However, Mukhtiar Singh and the present petitioner were found innocent and kept in column No.2. Thereafter, charge was framed against the aforesaid four accused only under Sections 323, 324 read with Section 34 IPC.
(3.) After examination-in-chief of the complainant Chhinder Pal as PW.1 and Harjinder Kaur, an eye witness, as PW.2, an application under Section 319 of the Code for summoning Mukhtiar Singh and the petitioner as additional accused was filed by the prosecution, which was allowed by the trial court vide order dated 13.7.1998.;